We offer two levels of service in connection with probate matters – the Probate and Estate Administration Service and Application for Grant of Probate Only Service. Information about both is set out below.

We offer two levels of service in connection with probate matters – the Probate and Estate Administration Service and Application for Grant of Probate Only Service. Information about both is set out below.

Probate and Estate Administration Service

Broadly speaking, probate administration involves:

• Identifying the executors and the beneficiaries of the estate
• Ascertaining the value of the estate’s assets and liabilities
• Calculating the value of the estate for inheritance tax purposes and if applicable, submitting a detailed inheritance tax return to HMRC
• Preparing the online Probate Application (or more rarely, a paper-based application form)
• Submitting the application to the Probate Registry
• Obtaining the Grant of Probate
• Collecting in the estate assets, settling debts and distributing the estate to beneficiaries

We are able to handle the full process for you.

The following estimate is for straight-forward estates where there is no inheritance tax to pay and for which a detailed inheritance tax return is not required. Further information on the qualifying criteria is set out below.

Legal costs

Our fees are based on the time taken to deal with the estate and the value of the estate. We anticipate that it will take between 10 and 25 hours of work (depending on the number and complexity of assets and liabilities involved[1]) to obtain details of the estate, calculate the value of the estate for inheritance tax purposes, prepare and submit the online probate application, collect in the assets, settle any outstanding debts and distribute the assets. Our probate solicitors are Claire Beard and Rebecca Walker, and their hourly rate is currently £290 plus VAT of £58 (total £348). Hourly rates are reviewed periodically. This would result in a time charge of between £2900 and £7250 plus VAT of £580 – £1,450 (total £3480 – £8700). A minimum fee of £1250 plus VAT of £250 (total £1500) for the time charge applies. The exact time costs will depend on the individual circumstances of the matter. For example, if there is one beneficiary and no property, costs will be at the lower end of the range. If there are multiple beneficiaries, a property and multiple bank accounts or other assets, costs will be at the higher end.

In addition to the time cost, we charge a fee based on the value of the estate as follows:

• 1% plus VAT of the value of the gross estate up to £500,000
• 0.5% plus VAT of the value of the gross estate between £500,000 and £1,000,000
• 0.25% plus VAT of the value of the gross estate over £1,000,000
• 0.125% plus VAT of the value of the gross estate over £3,000,000

The value of the deceased’s residence is included at a reduced rate of 0.25% plus VAT if the partners in this firm are named as executors. Please note, VAT is calculated at a rate of 20%.

For example, an estate with a gross value of £225000 (including a property worth £150000 to be transferred to two beneficiaries in the joint names) would attract a value element fee of £1125 plus VAT of £225 (total £1350). If the same estate has two executors who are also the two beneficiaries, with accounts at two different banks, the usual utility bills to settle, distribution of the cash balance is made by cheques issued to the two beneficiaries and there no other complicating factors, we would anticipate that between 15 and 20 hours of work completed by Claire or Rebecca would be required to complete the administration. The total legal costs would be between £5700 and £7150 plus VAT of £1140 – £1430 (or between £6840 and £8580 inclusive of VAT).

On average, estates like this are dealt with within 12-18 months, but this may be longer where the executors and beneficiaries are not the same people as it can be prudent to delay distribution of the estate in those circumstances. Typically, obtaining the Grant of Probate takes between 16 and 20 weeks from the date the application is submitted, depending upon the availability of the information required to complete the Return of Estate Information and the processing time at the probate registry. In urgent cases, it may be possible to obtain a Grant of Probate more quickly.

Disbursements

In addition to legal costs, there are disbursements which will be payable. Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process. These include:

• Probate application fee of £300.00
• Additional copies of the Grant of Probate at £1.50 each
• Bankruptcy-only Land Charges Department searches at £6 plus VAT of £1.20 (total £7.20) for each beneficiary.
• Statutory Notice in the London Gazette and a local newspaper arranged by a notice agency – this varies depending on the local newspaper involved, but is currently in the region of £300 to £500 plus VAT of £60 – £100 (total £360 – £600) for notices in the London Gazette and the Northampton Chronicle & Echo
• Special Delivery to Probate Registry approximately £10 plus VAT of £2 (total £12).

Potential additional costs

• For each person we are required to identify for anti-money laundering purposes, there is a fee of £15 plus VAT of £3 (total £18) in relation to electronic identity and anti-money laundering checks.
• In relation to property forming part of the estate there will be Land Registry fees in connection with up-to-date title documents at £7 plus VAT of £1.40 (total £8.40). If the property is to be transferred to one or more beneficiaries, there are Land Registry fees to pay to register the transfer. The amount of the fee depends on the value of the property. If the property is sold, rather than transferred to a beneficiary, our conveyancing department will charge separately for dealing with the sale. You may also incur estate agent fees.
• In relation to stocks and shares forming part of the estate, there may be additional charges by the registrars for transferring or selling the shares, dealing with lost share certificates or providing replacement cheques for uncashed dividends or tax information prior to the date of death. If it is appropriate to use a stockbroker to deal with the holdings, they will usually charge either a fixed fee or commission.
• The estate may require the services of an accountant to calculate self-assessment tax liabilities for the period up to the date of death and subsequently during the administration of the estate. Depending on the value of the estate and the likely tax liability, it may be necessary for the accountant to arrange registration of the estate with the HMRC for that purpose.
• If distribution of the estate is required by bank transfer, we will charge an additional fee of £35 plus VAT of £7 (total £42) for each same-day transfer or £10 plus VAT of £2 (total £12) for each transfer taking 3 working days.
• If there is no Will or if a Will cannot be located, if the estate requires a full Inheritance Tax Return (whether or not Inheritance is payable), if investigation of another estate is required in order to claim transferable Inheritance Tax allowances, if there are assets outside England and Wales, if there are missing or potentially unknown beneficiaries or if there is any dispute regarding or claim made against the estate, the number of hours involved in the administration of the estate and the period of time required to deal with the administration of the estate will increase. We will give you a more accurate estimate of the likely time and costs involved as soon as we are able to do so. This is not an exhaustive list of the complicating factors that might arise in connection with the administration of an estate.

Applications for Grant of Probate only

If you instruct us to apply for a Grant of Probate on your behalf only, as opposed to the full estate administration, we will:

• Review the relevant information that you supply to us and calculate the value of the estate for inheritance tax purposes and if applicable an online probate application or more rarely a paper-based application form
• Preparing the Probate Application Form
• Submitting the application to the Probate Registry
• Obtaining the Grant of Probate

We will not collect in the estate assets, settle debts and distribute the estate to beneficiaries.

The following estimate is for straight-forward estates where there is no inheritance tax to pay and which for which a detailed inheritance tax return is not required.

Legal costs

Our fees are based on the time taken to deal with the application. We anticipate that it will take between 5 and 10 hours of work (depending on the number and complexity of assets and liabilities involved) to prepare the application for probate. Our probate solicitors are Claire Beard and Rebecca Walker and their hourly rate is currently £290 plus VAT of £58 (total £348). Hourly rates are reviewed periodically. This would result in a time charge of between £1450 and £2900 plus VAT of £290 – £580 (total £1740 – £3480). A minimum fee of £1250 plus VAT applies. The exact time costs will depend on the individual circumstances of the matter. If you require our assistance in ascertaining the value of the assets and liabilities which make up the estate, including corresponding with third parties on your behalf, this will be charged in addition on the basis of the time taken.

Fixed Fee Option

Alternatively, if you are able to obtain and supply at the outset all of the information necessary to calculate the value of the estate for inheritance tax purposes and no detailed inheritance tax return is required, you may be able to instruct us on a “fixed fee” basis. Our fixed fee for these probate applications is £1995 plus VAT of £399 (total £2394). A fixed fee is not available in cases where there are complicating factors, such as those set out below.

Typically, obtaining the Grant of Probate takes between 8 and 20 weeks from the date the application is submitted.

Disbursements

In addition to legal costs, there are disbursements which will be payable. Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process. These include:

• Probate application fee of £300.00
• Additional copies of the Grant of Probate at £1.50 each
• Special Delivery to Probate Registry approximately £10 plus VAT

Potential additional costs

For each person we are required to identify for anti-money laundering purposes, a fee of £15 plus VAT applies in relation to electronic identity and anti-money laundering checks. If there is no Will or if a Will cannot be located, if the estate requires a full Inheritance Tax Return (whether or not Inheritance is payable), if investigation of another estate is required in order to claim transferable Inheritance Tax allowances, if there are assets outside England and Wales or if there are missing or potentially unknown beneficiaries or if there is any dispute regarding or claim made against the estate, the number of hours involved in preparing the application and the period of time required to deal with the application for probate will increase. We will give you a more accurate estimate of the likely time and costs involved as soon as we are able to do so. This is not an exhaustive list of the complicating factors that might arise in connection with the application for probate.

Team Members

Our probate solicitors are Rebecca Walker and Claire Beard. Both are associate solicitors with 18 years and 12 years post-qualification experience respectively, and our Senior Paralegal is Jade Atkins.

Detailed profiles are available on the links below:

• Rebecca Walker
• Jade Atkins