Probate

PROBATE

Updated 1^st April 2024

We undertake Probate work and our team currently includes.

Our Probate team have many years’ collective experience in delivering high quality work in all matters relating to Wills and estate administration.

The team has particular experience in high value estates, tax matters and trusts. This experience has been gained through working with lots of families, in many cases through successive generations.

Hourly Charging Rates (plus VAT at the prevailing rate)(20%)

Please click on ‘Our People’ for more information

When it comes to dealing with applications for Grants of Probate/ Letter of Administration and the ongoing administration of an Estate, we offer a range of services that can be tailored to suit you.  The exact costs will depend upon the specific circumstances of the Estate, and we will be able to provide you with a more accurate costs estimate following our initial meeting.  However, we have set out some examples below to give you an idea as to what you can expect to pay.

Please note that all our fees and disbursements are payable out of the deceased’s Estate and not by you personally.

Obtaining Grant of Probate or Letters of Administration ONLY when there is no Inheritance Tax to Pay

If the Estate is fairly simple and straightforward to deal with, you might like us to just obtain the Grant of Probate (or Grant of Letters of Administration if no valid Will) for you.  We can do this for a fixed fee which is currently £950 plus VAT(20%) and disbursements.  The disbursements (expenses) are likely to be:

1. Probate application fee – £273
2. Additional copies of Grant – £1.50 per copy
3. Placing of Trustee Act Notices to protect Executors against unexpected claims (optional) – £200 – £350

What does this include?

As part of our fixed fee, we will:

1. Meet with you to take your instructions and deal with any initial enquiries. During this meeting, we will ask you to provide us with details as to the assets and liabilities of the Estate.  If you would like for us to obtain these details for you, then there may be an additional charge depending on what is involved.
2. Check the validity of the Will and identify the legally appointed Executors. If there is no Will, we will advise who is entitled to take out the Grant.
3. Prepare the probate papers including IHT 205 (if required) and Legal Statement and online application, or paper application if not possible.
4. Meet with you to sign these off.
5. Submit the papers to the Probate Registry.
6. Upon receipt of the Grant, check its contents before forwarding to you.
7. Placing of Trustee Act Notices to protect Executors against unexpected claims or unknown creditors (optional) – £175 – £250

How long will it take?

Previously we would have expected this process to take only a few months. Unfortunately, instead of a period of two weeks to issue the Grant, the Probate Court are taking a minimum of 16 weeks to produce the Grant, but in reality, this is taking up to 6 months. Overall therefore this could take as an estimate, between 9-12 months.

Obtaining Grant of Probate or Grant of Letters of Administration ONLY when there is Inheritance Tax to Pay

In this case, we would not charge a fixed fee; instead we would charge for the time we spend working on a matter.  Our current hourly rates are as follows (*please note that we review these each year in April):

On average, we would expect our fees in such matters to be in the region of £1,590 – £2,750 plus VAT(20%) and disbursements.  The disbursements (expenses) are likely to be:

1. Professional valuations of property or other items – variable but potentially around £200. We would need to obtain a quote from the relevant professional depending upon what is required and report back to you before proceeding.
2. Probate application fee – £273
3. Additional copies of Grant – £1.50 per copy
4. Placing of Trustee Act Notices to protect Executors against unexpected claims or unknown creditors (optional) – £200 – £350

What does this include?

As part of our fixed fee, we will:

1. Meet with you to take your instructions and deal with any initial enquiries. During this meeting, we will ask you to provide us with details as to the assets and liabilities of the Estate.
2. Writing to the various asset holders to request date of death valuations.
3. Check the validity of the Will and identify the legally appointed Executors. If there is no Will, we will advise who is entitled to take out the Grant.
4. Prepare the probate papers including IHT 400 and accompanying Schedules TOGETHER WITH Legal Statement or Statement of Truth on a paper application.
5. Meet with you to sign these off.
6. Complete online application or paper application to the Probate Registry with Legal Statement and send original papers.
7. Complete online application or paper application to the Probate Registry with Legal Statement and send original papers.
8. Upon receipt of the Grant, check its contents before forwarding to you.
9. Place Trustee Act Notices, if so instructed.

How long will it take?

Previously we would have expected this process to take only a few months. Unfortunately, instead of a period of two weeks to issue the Grant, the Probate Court are taking a minimum of 16 weeks to produce the Grant, but in reality, this is taking up to 6 months. Overall therefore this could take as an estimate, between 10-15 months.

Obtaining Grant of Probate or Grant of Letters of Administration and then dealing with the ongoing Administration NOT subject to Inheritance Tax

In these cases, we would charge for the time we spend working on a matter.  Our current hourly rates are as follows (*please note that we review these each year in April):

The actual time we spend working on a matter will depend entirely on the individual circumstances of the case and we will be able to provide you with a more accurate estimate following our initial meeting.  However, we would say that, on average, such cases tend to fall in the region of £2,000 – £6,000 plus VAT(20%) and disbursements.  The disbursements (expenses) are likely to be:

1. Probate application fee – £273
2. Additional copies of Grant – £1.50 per copy
3. Placing of Trustee Act Notices to protect Executors against unexpected claims (optional) – £200 – £350
4. Bankruptcy searches – £2 per beneficiary.
5. Land Registry searches (if property) – £3 – £6

What does this include?

We will handle the full process of obtaining the Grant and subsequent administration of the Estate to distribution and provide full Estate Accounts detailing all monetary transactions.

Potential Additional Costs

If any of the following apply, then this might mean that our fees are higher than we have set out above:

1. There is business or agricultural property.
2. There are foreign assets.
3. There is any dispute as to the validity of the Will or its contents.
4. There are multiple beneficiaries (more than 8).
5. There are missing beneficiaries.
6. There are numerous different assets (more than 12).
7. There are trusts arising under the Will or the deceased was the beneficiary of a trust.
8. There are claims made against the Estate.
9. We are instructed to prepare a Deed of Variation.

Please note that if there is a property to be sold then our Conveyancing Team will provide you with a separate quote to deal with this.

How long will it take?

On average, Estates that fall into this category are usually able to be finalised within 9 – 12 months from the date of instruction.  It is taking a minimum of 16 weeks but in reality, nearer to 6 months for the Grant of Probate to be issued. This timeframe will vary if there is a property within the Estate that takes time to be sold.

Obtaining Grant of Probate or Grant of Letters of Administration and then dealing with the ongoing Administration in Estate subject to Inheritance Tax

In these cases, we would charge for the time we spend working on a matter.  Our current hourly rates are as follows (*please note that we review these each year in April):

The actual time we spend working on a matter will depend entirely on the individual circumstances of the case and we will be able to provide you with a more accurate estimate following our initial meeting.  However, we would say that, on average, such cases tend to fall in the region of £4,000 – £10,000 plus VAT(20%) and disbursements.  The disbursements are likely to be:

1. Probate application fee – £273
2. Additional copies of Grant – £1.50 per copy
3. Placing of Trustee Act Notices to protect Executors against unexpected claims (optional) – £175 – £250
4. Bankruptcy searches – £2 per beneficiary
5. Land Registry searches (if property) – £3 – £6
6. Professional valuations of property or other items – variable but potentially around £200. We would need to obtain a quote from the relevant professional depending upon what is required and report back to you before proceeding.

What does this include?

We will handle the full process of obtaining the Grant, paying the inheritance tax, and the subsequent administration of the Estate to distribution and provide full Estate Accounts detailing all monetary transactions

Potential Additional Costs

If any of the following apply, then this might mean that our fees are higher than we have set out above:

1. There is business or agricultural property.
2. There are foreign assets.
3. There are complex tax issues.
4. There is any dispute as to the validity of the Will or its contents.
5. There are multiple beneficiaries (more than 8).
6. There are missing beneficiaries.
7. There are numerous different assets (more than 12).
8. There are trusts arising under the Will, or the deceased was the beneficiary of a trust.
9. There are claims made against the Estate.
10. We are instructed to prepare a Deed of Variation.

Please note that if there is a property to be sold then our Conveyancing Team will provide you with a separate quote to deal with this.

How long will it take?

On average, Estates that fall into this category are usually able to be finalised within 12-24  months from the date of instruction.  It is taking a minimum of 16 weeks but in reality, nearer to 6 months for the Grant of Probate to be issued. This timeframe will vary if there is a property within the Estate that takes time to be sold.