WILLS AND PROBATE

WHY SHOULD I MAKE A WILL?

  • It gives you absolute peace of mind. By making a Will, you can direct what is going to happen to everything that you own from your house to your record collection.

  • You also choose who you want to deal with sorting out your affairs after you have died. These persons are known as “executors.”

  • You can also choose who looks after your children should they still be under the age of 18 at the date of your death. These persons are known as guardians.

  • Spouses can incorporate will trusts to protect assets against long term nursing care, or the remarriage of the surviving spouse.

  • You can incorporate will trusts to protect assets on behalf of a vulnerable beneficiary.

  • If you are co-habiting and not married or in a civil partnership, then your assets will not automatically pass to your partner. It is extremely important therefore to make a Will to ensure that your assets go to the persons you wish to benefit.


    • PROBATE

    This is the procedure for dealing with the estate of someone who has died.

    It involves assessing their estates including their assets (in any form) and their liabilities, notifying institutions and government departments. Thereafter, reporting to HM Revenue and Customs and applying to the Probate Registry, (a division of the Courts), collecting in the assets of the deceased, paying off any debts and distributing their estate according to their will or intestacy.

    The Executor, (usually appointed in the Will of the deceased) has the role of applying for a Grant of Probate, (a court stamped/sealed document) giving authority to the Executor to administer the deceased’s estate.

    It can be a daunting task to contact all the institutions and deal with the formalities of Probate, when you are grieving a loved one. We will assist you in the process and offer a personal, caring approach to put you at your ease and take the burden from you.

    James Fairbrother a Solicitor with over fifty years of experience and Director of this firm will carry out probate work on your behalf.

  • We can obtain the Grant of Probate, (with you providing the details of the estate assets and liabilities) and then you can administer the estate or;

  • We can obtain the Grant of Probate, and we can obtain all the information relating to the deceased’s estate

  • We can collect in the assets, pay any inheritance tax (if applicable), pay off any estate liabilities, administer the estate according to the Will

  • Our conveyancing team can act in the sale of any property comprised in the estate of the deceased, meaning everything can be dealt with under the same roof


    • Pricing and Service

    Obtaining a Grant of Representation
    This is an official document that, in most cases, will be required for an Executor(s) of a Will to Administer an Estate. We can assist you by obtaining a Grant of Probate or in cases where there is no Will where a Grant of Letters of Administration is required.

    How much does this service cost?
    Our fees are calculated on the time that is spent in dealing with all aspects of the matter.

    Our current time charge out rate is £305.00 per hour plus vat. If, however, we are acting as executors in connection with the estate itself then our fees are higher as there is added responsibility and currently acting as an executor we charge £325.00 per hour plus vat.

    When making an application to the Probate Registry inheritance forms have to be produced to HMRC being dependent on the value and complexity of the Estate. There are various circumstances which may apply to the administration of any deceased person’s estate.

    Following the Grant of Probate the executors must gather in the assets of the deceased, discharge any liabilities and then distribute the estate in accordance with the Will or the intestacy rules.


    The work usually involved is
  • Preparation of closure/transfer forms

  • Correspondence with banks and organisations to release funds

  • Selling property, shares and investments

  • Collecting in funds

  • Settling liabilities

  • Dealing with any income received and preparing tax form R185 forms

  • Drawing up estate accounts

  • Dealing with distribution including verifying beneficiary ID and information and carrying out appropriate bankruptcy searches, whether in the UK or outside the UK


    • Our fees include the following:
  • Face to Face or telephone consultation with the Executors or Personal Representatives explaining the process.

  • Identify the type of Probate Application required

  • Completing the Probate Application form (either online or paper based)

  • Completing the relevant HMRC forms

  • Drafting a Legal Statement (if required)

  • Making the application to the Probate Court on your behalf.


    • The following are the likely costs to be incurred on various types of probate matters:
    Simple non-taxable estate with a small number of beneficiaries (IHT205)
    • Likely fees £2,000 - £2,750 plus vat at 20% and disbursements
    • Likely timescales 6 – 12 weeks from Grant (excluding sale of property)

    Larger non-taxable estate with a small number of beneficiaries (IHT205)
    • Likely fees £3,500 - £4,750 plus vat at 20% and disbursements
    • Likely timescale 8 – 16 weeks from the Grant of Probate (excluding sale of property)

    IHT 400 required, no inheritance tax payable but we are required to obtain estate information
    • Likely fees £3,950 - £6,500 plus vat @ 20% and disbursements
    • Likely timescales ready to submit IHT400 within 12 – 16 weeks. HMRC then take around 4 weeks to return to us before we can submit our application to the Probate Registry. Probate Registry ordinarily issue the Grant between 16-22 weeks after receipt.

    IHT400 required, inheritance tax payable and client providing all information
    • Likely fees £4,500 - £6,750 plus vat @ 20% and disbursements
    • Likely timescales – ready to submit IHT400 within 12-16 weeks. HMRC then take around 4-5 weeks to come back to us before we can submit our application to the Probate Registry. Probate Registry ordinarily issue the Grant within 16-22 weeks after receipt.

    IHT400 required, inheritance tax payable but we are required to obtain estate information
    • Likely fees £4,750 - £8,250 plus vat at 20% and disbursements.
    • Likely timescales – ready to submit IHT400 within 16-20 weeks. HMRC then take around 4-5 weeks to return to us before we can submit our application to the Probate Registry. Probate Registry ordinarily issue the Grant within 16-22 weeks from receipt.


    Inheritance tax may be payable on an estate and the tax is not included in our estimated fees and disbursements. Inheritance tax is a complicated tax with many liabilities, exemptions and reliefs.

    We would assess the inheritance tax position on an estate once we have the relevant information. Inheritance tax is normally payable before probate is granted, though where a property is involved one tenth of the tax attributable to the property is payable prior to probate with the balance payable over the following 10 years with interest charged, or on the sale of the property.



    The following disbursements are likely to be incurred:
  • Probate Registry fees £273.00 (if the estate exceeds £5,000)
  • Additional copies of the sealed Grant £1.50 per copy (no VAT)
  • Clients who are new to the firm – ID checks £8.00 per person.
  • Bankruptcy Search per beneficiary £2 per UK resident beneficiary & the deceased (no VAT)
  • Bank transfer fees per transfer (within the UK) £35.00

    • The following additional disbursements may be incurred depending on the estate but these are estimates:
  • Land Registry fees £40.00
  • Registration of complex estate with HMRC £295.00 plus vat
  • Statutory advertisements for creditors £200- £350 plus vat
  • Searches £3 per property (No VAT)
  • Certainty Will search £95 plus VAT (£114)
  • Certainty Will search plus Section 27 LPA notice in The London Gazette (Protects the Executors/Personal Representatives against unexpected claims from unknown creditors) if required £199 plus VAT (£238.80) and also a Section 27 notice can be placed in a local newspaper where the cost will be provided on request.

    • There can be complicating factors which will increase our fees and the time involved in dealing with the estate.
  • Further properties or assets
  • Foreign property or assets
  • Multiple beneficiaries
  • Charity beneficiaries
  • Business property relief or agricultural property relief applies
  • Lifetime gifts
  • Capital gains tax if there are disposable assets with values over £500,000
  • Assets increasing in value significantly between the date of death and date of sale
  • In the event of missing or damaged Wills the requirement for affidavits and individuals to be sworn thereto.
  • Missing beneficiaries or non-responsive or uncooperative beneficiaries
  • Missing share certificates
  • Missing documents relating to the first death when nil rate band needs to be transferred
  • Unusual investments
  • Income tax and other tax affairs not up to date
  • Substantial amount of creditors
  • Disputes between executors or beneficiaries

    • Additional Complicating Factors

    Organising valuations of property, jewellery, and other items or arranging clearance of the property if a legal claim or notification of a claim is outstanding against the deceased or a claim made against the deceased's estate or the deceased's Will is to be disputed.

    The above is not an exhaustive list and there can be other complicating factors on taxable estates.

    An HMRC investigation in respect of any part of the documentation forwarded to them

    If there are charity beneficiaries the 36% rate for IHT applies

  • Quick succession relief
  • Substantial amount of lifetime gifts
  • A loan is required to fund the inheritance tax
  • Substantial increases or reductions in values of assets significantly between the date of death and date of sale

    • Hourly Rates

    Hourly rates of Solicitors if complicating factors such as those itemized above arise then we have no alternative but to charge for the extra time involved based on our standard hourly rate which was set out above but at the present time are £305 per hour plus vat.

    When such complications arise then we will provide you with an estimate of the additional time and work which will have to be undertaken.


    VAT Information

    Vat is paid at 20% into all our accounts.