Probate Applications and Estates
The complexity of probate applications varies depending on a number of factors such as:
- value of the estate,
- whether there was a valid Will
- number of beneficiaries
- number and types of assets involved.
- enquiries raised by the Inland Revenue
As part of any fee quoted we will:-
- Provide you with a dedicated and experienced probate solicitor or probate fee earner to work on your matter.
- Identify the legally appointed executors or administrators and beneficiaries.
- Ascertain the value of the estate, if necessary.
- Accurately identify the type of probate application you will require.
- Obtain the relevant documents required to make the application.
- Complete the probate application and the relevant HMRC forms and liaise at this stage with HMRC, if necessary.
- If the estate is subject to Inheritance Tax, calculate the Inheritance Tax payable in order to apply for the Grant of Probate.
- If the estate is taxable, liaise with the relevant financial institutions to pay the said tax.
- Submit the relevant papers to the Inland Revenue and/or the Probate Court on your behalf.
- Obtain the Probate.
- Dealing with any queries the Inland Revenue may have to include paying the balance of any Inheritance Tax owed
- Completing further forms if the value of the estate has changed since the probate valuations and either more tax is payable by the estate or repayable to the estate from the Revenue.
- Collect and distribute all the assets
If you need assistance in administering the estate ie collecting in and then distributing the estate the fees quoted will be towards the higher end of the range. The fees will also be towards the higher end of the range quoted if there are multiple accounts and beneficiaries.
Probate applications can generally be divided into the following areas of work:
| Type of Work | Cost | Timescale | Complexity factors incurring further costs |
|---|---|---|---|
| Obtaining a grant of probate in a simple estate | £750 + VAT | 3-6months | This fee is only applicable if the Executors have identified the full value of the estate. |
| Obtaining a grant and administering an estate where there is a valid Will
No Inheritance Tax to pay |
£1,000 – £5,000 + VAT | 3-6 months | If there are shareholdings (stocks and bonds) involved further work will be required depending on how they are to be dealt with |
| Obtaining letters of administration where there is not a Will (an intestacy) and administering the estate
No inheritance tax to pay |
£1,200 – £5,000 + VAT | 3-6 months | Further work may be required to locate missing beneficiaries by instructing a specialist firm who will charge their costs separately at the tune of instruction |
| Obtaining a grant/ letters of administration and administering the estate where no inheritance tax is pay but a full Inheritance Tax Return required | £2,500 – £6,000 + VAT | Within 6 months but depending upon HMRC | In some cases a full inheritance tax return will be required even though inheritance tax is not payable |
| Valid Will or intestate
Inheritance tax payable Full inheritance tax return required |
£5,000 – £20,000 + VAT | Minimum of 8-10months dependant upon Inland Revenue investigations | A taxable estate will require a full tax return setting out the details of each asset. Additional work may be required when claiming nil rate bands from a former deceased spouse’s estate as the former spouse’s estate value would also need to be established. |
| Ansons are Executors | 2% of the gross value of the estate |
If disputes between beneficiaries or executors arise, then this is likely to lead to an increase in costs and the matter may well have to be referred to another department within the firm.
Please note that when dealing with the Inland Revenue, it is difficult to give an exact timescale as to how long matters will take to complete. If Inheritance Tax is not payable, but a full Inland Revenue Return needs to be done, we have to wait for the Inland Revenue to return important documents prior to making the Application for Probate. Therefore any timescale will depend upon how long it takes for the Inland Revenue to deal with the said forms. If inheritance tax is payable The Inland Revenue have twenty weeks to raise any enquiries on any forms submitted and thereafter their investigations can continue beyond the timeframe given.
We will give you a more accurate quote once we have ascertained further information regarding the estate. We would also ensure that you are kept updated with regards to timescales and issues which may cause further delay in dealing with an estate.
Disbursements
During the running of any application, we anticipate that the following disbursements may be required:-
| Type | Cost | Variable factors |
|---|---|---|
| Probate application court fee | £155.00 + £0.50 per additional copy | Fixed fee |
| Commissioner’s fee | £5.00 + £2 per person per exhibit | Costs will vary on number of exhibits and number of personal representatives |
| Office Copy Entries | £3.00 + VAT | Number of office copies obtained depending on number of properties and whether both leasehold and freehold titles registered separately |
| Bankruptcy searches | £2.00 + VAT | Number of personal representatives and beneficiaries against whom searches need to be made |
| Advertisement in the London Gazette to protect against unexpected claims from unknown creditors | £69.50 + VAT | |
| Advertisement in local newspaper | Unknown + VAT | The charges will vary depending on the cost of the relevant local newspaper |
Value Added Tax “VAT”
All of our fees set out are exclusive of VAT which is chargeable at a rate of 20%. Please see above re. VAT on disbursements.
Please note we ask for a payment of £200 prior to making a probate application to cover any potential disbursements listed above.
Meet the team
Our team has over 35 years of collective experience in delivering high quality work in all matters relating to Wills and Estate Administration. The team has particular expertise in high value estates and Inheritance Tax matters, together with advising on agricultural estates.
We have five members of the team who will be happy to assist you with your matter, under the constant supervision of Marie Tisdale who is a Director and Head of Probate and Estate Planning. Please see our departmental team information.
Hourly Rates
The following table sets out the details of those who may work on or otherwise supervise your file.
| Role | Hourly Rate |
|---|---|
| Director | £250 + VAT |
| Associate Director | £240 + VAT |
| Solicitor/ Legal Executive | £200 + VAT |
| Paralegal | £130 + VAT |
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