Coping with the death of a person can bring a mixture of
emotions and the legal side of dealing with a person’s death
can often be overwhelming and confusing.
Probate Pricing
Having compassionate, experienced legal advice can make this difficult time much easier on you and your loved ones.
Our fees for advising in a probate matter vary depending on the individual circumstances involved, for example whether Inheritance tax is payable and the number of estate assets to administer,
We operate on an hourly rate basis whereby you will be charged for each hour of work undertaken. Our hourly rates range between £250 plus VAT to £375 plus VAT. The experience of the fee earner required will be dependent on the complexity of the matter.
For a relatively straight forward estate, we estimate at least 10 hours being required to apply for the Grant of Probate and then collect in and distribute. This equates to a minimum total fee estimate of £2,500 plus 20% VAT to £3,750 plus 20% VAT. The fewer the assets and beneficiaries the nearer the lower end of the range the costs are likely to be.
This fee will increase in line with the complexity of the estate; and examples of aspects that make an estate ‘complex’ include:
- Significant assets across varied platforms (i.e. multiple banks, investment providers/managers, and share registrars);
- Estates including multiple properties, a commercial property, a property with any title issues, or a property which has to be sold but there is currently someone occupying;
- Estates where Inheritance Tax is payable and full Inheritance Tax Account needs to be submitted to HMRC;
- Estates which are asset rich and cash poor and an Inheritance Tax loan, or a Grant on Credit application is required;
- Multiple beneficiaries,
- Any disputes or challenges in relation to the Will or the administration of the estate in general, and
- Foreign assets and having to liaise with lawyer from other jurisdictions.
Our fees for estates that include some of the above characteristics, range from £10,000 to £15,000 plus 20% VAT.
For a complex estate involving many (majority) of the above, our fees can range from £20,000 to £30,000 plus 20% VAT and the administration will take longer depending on the specific circumstances.
If it appears at any point that additional work which was not originally anticipated is likely to be necessary, we will confirm this in writing and provide an updated fee estimate before starting any work.
To ensure complete transparency in relation to our fees, an estimate can be provided as soon as the details of the estate are known and a full breakdown of all time charged to the estate is provided when we raise an invoice.
In addition to legal fees, disbursements (expenses) will also be payable by the estate. These will include (and are not limited to):
- An Anti-Money Laundering compliance fee per executor – £9.40 per person
- The probate application fee – £300 plus £16.00 per copy required
- Land Registry copy document (e.g. the property title or plan) – £7.00
- Trustee Act Notices to protect the estate from claims from creditors – Approximately £300 plus VAT
- Bankruptcy searches fees when distributing to beneficiaries – £6 per person if based in the UK and approximately £70 to £120 plus VAT for non-UK based beneficiaries
- Valuation fees – Starting at £300 plus VAT for reports such as contents valuations, increasing to £500 plus VAT and above for surveyor’s reports
The fees involved in a probate matter can vary and this will depend on the individual circumstances involved.
We operate an hourly rate charging rate, whereby you will be charged for each hour of work undertaken.
Our legal fees will range between £210 and £325 plus VAT per hour and disbursements. The fees will vary and are dependent upon individual circumstances and the level of the fee earner dealing with the file.
The range of fees will depend on issues such as whether a full inheritance tax return is required, the number of beneficiaries and the extent of the estate including whether the estate comprises any property, the number of bank accounts, shareholdings and life policies.
The total fees can range from £2,500 plus VAT for a relatively straightforward estate to £30,000 plus VAT for a complex estate.
Service
We set out below the key stages of a probate matter:
Work required prior to Grant of Probate
- Prepare detailed schedule of all assets and liabilities as at date of death;
- Obtain date of death values for all assets;
- Open bank account for collection of assets and payment of liabilities throughout administration period;
- Prepare Inheritance Tax papers;
- Calculate Inheritance Tax payable immediately and Inheritance Tax which can be paid by instalment option;
- Prepare Oath for Executor and make application for Grant.
Work required once Grant of Probate issued
- Place Statutory Adverts advertising for any possible creditors to come forward;
- Review Will in detail with regards to gifts of specific property and pecuniary gifts;
- Consider payment of inheritance tax and how this will be dealt with;
- Liaise with surveyors/estate agents and district valuer in respect of date of death values and calculations for properties (if necessary);
- Settle all outstanding liabilities;
- Transfer property to the residuary beneficiaries in accordance with the terms of the Will or property to be placed on the market for sale;
- Prepare Estate Accounts;
- Calculate closing balance interest payments;
- Distribute the Estate.
Assumptions
Our fees include the items detailed above, however there may be factors which would typically increase the cost of the fees involved including but not limited to disputes between beneficiaries, claims against the estate, international assets, deeds of variation, house clearances and tax returns.
Where there is likely to be any additional cost, we will make sure you are informed of this at the earliest opportunity and a clear estimate of those extra costs will be provided.
Time Scales
The timescale for dealing with a probate matter will depend on a number of factors including the response times from various parties including executors, beneficiaries and third parties including financial institutions and the probate registry and the number of assets to be dealt with.
We estimate that it may take between 6 to 24 months to conclude the administration of the estate.
Fee Earners
Lisa is a partner in the firm and specialises in private client and property work with 10+ years Post Qualification Experience. Lisa is experienced in dealing with post-death matters and regularly advises in probate matters and Court of Protection cases. Lisa’s hourly rate is £375 plus VAT @20%.
Chris is a partner in the firm and qualified as a solicitor in 2007. Chris deals with wills, tax planning, lasting powers of attorney, estate administration and trusts. Chris also acts a Panel Deputy for the Court of Protection. Chris’ hourly rate is £375 plus VAT @20%.
Rebecca Eastwood
Rebecca is an Associate Solicitor in Gillhams’ Wills and Probate Department and was admitted to the Roll of Solicitors in October 2019. Rebecca’s hourly rate is £325 plus VAT @20%.
Paralegals & Trainee Solicitors
From time to time Paralegals and Trainee Solicitors also assist the above and their hourly rate is £250 plus VAT @20%.
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