Probate

When a family member or friend passes away, you may find yourself responsible for winding up their affairs. ‘Probate’ is the legal term used for the process of administering the estate of someone who has died.

If there is a Will, the named executors are responsible for managing the estate. Without a Will, the rules of intestacy dictate who is legally entitled to handle the administration.

The person administering the estate may need to apply for a grant from the Probate Registry, collect and realise the assets, settle any liabilities (such as unpaid bills, taxes, and funeral expenses), and ensure that the remaining estate is distributed correctly to the beneficiaries.

Crucially, administrators and executors carry personal liability for the estate. They can be sued by beneficiaries or creditors if the estate is not handled correctly.

Our team’s extensive expertise allows us to navigate even the most complex estates and legal issues. We provide professional, sensitive guidance designed to save you time, expense, and heartache, while ensuring the estate is settled fairly and efficiently.

Cost Information

Probate
It can be difficult to provide an accurate estimate for probate work as no two estates are the same.  The costs vary depending on the complexity of an estate, whether or not Inheritance Tax is payable and the way that the assets are shared out in a Will.

Advice Only Service
If you would simply like some advice in relation to administering an estate but would prefer to actually administer the estate yourself then we offer a fixed fee appointment of a maximum of one hour for the cost of £150 plus VAT at 20%.

If you decide that you would like further advice from us after this meeting, then we would be happy to assist and this would be charged for at the hourly rate applicable to the member of our team who is responsible for the work.  These hourly rates are detailed below.

Grant Only Service
If you want to deal with administering the estate yourself but want us to help you with the process of obtaining the Grant from the Probate Registry then we can assist you on a fixed fee basis of £750 plus VAT at 20% and expenses.

This service is available where there is no Inheritance Tax payable and a full Inheritance Tax return is not required.

The following expenses will be payable in addition to our fees:

Probate Registry Fee     £526 (not subject to VAT)

Copies of Grant             £2.00 per copy (not subject to VAT)

We will not be responsible for advising you on what steps you will need to take to conclude the administration of the estate if you are using this Grant only service.

Full Service
We can advise and assist you with all aspects of estate administration and deal with as much or as little of this as you wish on your behalf and this would be charged for at the hourly rate applicable to the member of our team who is responsible for the work.  These hourly rates are detailed below.

Estate administration involves:

  • Registering the death
  • Organising the funeral
  • Rehoming pets
  • Reviewing the Will if there is one
  • Identifying the legally appointed executors or administrators and beneficiaries
  • Organising payment of the funeral from the deceased’s funds
  • Ascertaining full details of the assets and liabilities of the estate
  • Preparing the relevant Inheritance Tax return and claiming all appropriate allowances, exemptions and reliefs
  • Applying for the Grant from the Probate Registry
  • Dealing with any queries HMRC may have following submission of the Inheritance Tax return
  • Considering any claims made against the estate
  • Establishing who is entitled to inherit under the intestacy rules if there is no Will
  • Collecting in the estate assets and settling any bills and other liabilities
  • Dealing with any Income Tax or Capital Gains Tax liabilities that arise during the estate administration
  • Preparing accounts that detail all of the estate assets as at the date of death, any income received after death, any expenses or debts that have been settled after death and the subsequent distribution to the beneficiaries
  • Distributing the estate to the beneficiaries
  • Setting up any ongoing trusts created by the Will and registering these with the Trust Registration Service

During our initial meeting we would ask you for information so that we can provide our best estimate of the costs for our services in assisting you with the administration of the estate.

If an estate is small with few assets and few beneficiaries then our fees would be lower than for an estate with many assets and multiple beneficiaries.  To try to put this into context we anticipate that our fees would be as follows:

Very Simple Estates
If there are only one or two bank or building society accounts and little no debt with only one or two beneficiaries then the cost of the work is likely to be between £2,820 – £4,230 plus VAT at 20%.

More Complicated Estates
If there are more than one or two bank or building society accounts, other investments and or shares, property, little to some debt, Income Tax or Capital Gains Tax to pay, Inheritance Tax allowances to claim and more than one beneficiary then the cost of the work is likely to be between £4230 – £9870 plus VAT at 20%.

Complex Estates
If there are multiple bank or building society accounts, other investments and or shares, property, little to a lot of debt, Inheritance Tax, Income Tax or Capital Gains Tax to pay, unusual gifts or multiple beneficiaries then the cost of the work is likely to be between £10,152 – £25,000 plus VAT at 20%.

How long will this take?
On average, very simple estates are usually administered within 12-18 months of death. Some may be administered more quickly and others can take much longer, depending on the circumstances.  In more complicated and complex estates this time frame may be extended to 2 to 3 years after the date of death.

Potential Additional Costs and Delays
There may be additional costs and resultant delays in certain circumstances. Situations where additional costs and delays are likely to arise include (but is not limited to):

  • The validity of the Will is challenged
  • A claim is made against the estate including an Inheritance (Provision for Family and Dependents) Act 1975 claim
  • Ownership of estate assets are disputed or unclear
  • A dispute arises between executors or beneficiaries
  • Charities are named as residuary beneficiaries
  • There are foreign assets
  • Inheritance Tax is payable and there are not enough liquid funds in the estate to pay it
  • HMRC refer estate valuations to the District Valuer
  • There are issues with a property that may delay its sale (such as its condition, mortgageability or problems with the legal title)
  • A Deed of Variation or a Deed of Appointment are required
  • The Will or intestacy rules create an ongoing trust which needs to be set up and may need to be registered with the Trust Registration Service

Sale of Land and Property
Any estimate we give would not include our fees for the sale of land or property owned by the deceased as this would be dealt with by our conveyancing department; they would be able to give you their own estimate for this work.

Other Expenses
There are other expenses that you may have to pay for as part of the administration process and these are listed below together with an estimate of their cost

Probate Registry Fee                             £526 (not subject to VAT)

Copies of Grant                                     £2.00 per copy (not subject to VAT)

Certainty Will Search Fees                    £49 – £105 plus VAT at 20%

Land Registry Office Copies                   £7 per document plus VAT at 20%

Bankruptcy Search Fees                        £6 per person plus VAT at 20%

Bankruptcy Search Fees for                  Varies depending on Country but prices usually

Non-UK residents                                  start at £50 per person plus VAT at 20%

S27 Trustee Act notices                        Varies depending on the publication but usually £92 to £130 plus VAT at 20%

Land Registry fees on change               £20 – £910 of ownership (registered land) (not subject to VAT)

Land Registry fees on change               £30 – £680 of ownership (unregistered land) (not subject to VAT)

Land Charge Searches                          £7 per name searched plus VAT at 20%

Assets & Liabilities Search                     £25 – £195 plus VAT at 20%

Our Hourly Rates
Our hourly rates may change from time to time and if this happens you would be notified of such changes and the impact this may have on our charges. At present our hourly rates are as follows:

Zoe Smith, Nicky Sherrard, Diane Lane-Miles – £288 plus VAT at 20% per hour

Kelly Rathbone – £185 plus VAT at 20% per hour

When dealing with the death of a loved one, sorting out the legal side can be overwhelming and confusing. Compassionate, experienced legal advice can make this difficult situation much easier on you and your family.

What needs to be done with someone’s estate when they die?

When someone a loved one dies, there are lots of legal and financial steps that need to be taken.  These include:

  • Cancelling regular payments made by the person who has died that are no longer required (e.g. utility bills).
  • Notifying organisations, including pension providers and banks, that the person has died.
  • Collecting in all the assets.
  • Discharging any debts owed.
  • Distributing assets to the beneficiaries of the estate.
  • Preparation of estate accounts.

Do we need a Grant of Probate?

When someone dies it is often necessary for the people who are going to deal with the estate to apply to the Probate Registry for a Grant of Legal Representation (known as a Grant of Probate, if there is a Will).  The Grant confirms that they have authority to deal with the estate as the personal representatives of the deceased person.

If the estate is small, then it may not be necessary to apply for a Grant.  This will depend on the nature of the assets that form the estate and the policies of the organisations that deal with those assets.  For example, banks may have policies that they will not require a Grant to deal with accounts with a balance of less than a certain figure, but they will insist on a Grant if the accounts have a higher balance.

We can advise you on whether a Grant is necessary in your case.

Do I need a solicitor to deal with the administration of the estate?

Personal Representatives can deal with the administration of the estate themselves if they wish.  Some elements can be straightforward, but others can be more complex.

We are happy to deal with all the administration of the estate on your behalf or only deal with those aspects that you feel you need help with.  If, for example, you want to minimise the stress at this difficult time, there are difficult family dynamics, or the estate may have to pay inheritance tax you may appreciate us dealing with the full administration so you do not have to worry about it.  However, if the estate is more straightforward, you may simply want us to help you with applying for the Grant of Probate, which we are happy to do for a fixed fee.

How much does it cost?

Details of our fees for dealing with the administration of the estate can be found here.