Introduction
As part of our professional rules, we aim to ensure that anyone wishing to use our services has the information they need to make an informed choice of Legal Services provider, including understanding what the costs may be.
Obtaining a Grant of Representation and dealing with an Administration of an Estate can be complicated; it usually takes several months and complex cases can take over a year to ensure everything is done properly. Every Estate is different, and so it can be very hard to quantify Probate costs.
The work can vary from very straightforward Estates with only one or two small value assets and one Beneficiary, to complicated Estates where there is Inheritance Tax to pay, multiple Beneficiaries and assets held with numerous organisations as well as property and land to sell or transfer. However, to assist our Clients, we have set out below an indication of the likely costs involved in Probate and Administration of Estate matters along with an indication of the potential timescales.
Full Estate Administration: Applying for the Grant, collecting and distributing the assets
What the service includes
We will:
- Provide you with a dedicated and experienced Probate Solicitor to work on your matter
- Identify the legally appointed Executors or Administrators and Beneficiaries
- Accurately identify the type of Probate application you will require
- Obtain the relevant documents required to make the application and liaise with all relevant organisations
- Complete the Probate Application and the relevant HMRC forms
- Draft a Statement of Truth for you to sign
- Make the application to the Probate Registry on your behalf
- Obtain Grant of Probate and office copies
- Deal with closure of accounts, collect in estate funds and pay any liabilities
- Prepare a Final Estate Account and distribute the estate to the Beneficiaries
Anticipated charges and expenses
As stated earlier, it is difficult to be precise about the anticipated costs as the exact cost will depend on the individual circumstances of the matter. Therefore, we have set out below the estimated costs of a typical, straightforward transaction. For this example we have assumed:
- There is a valid Will or no Will has been executed
- Whether or not any Executors have died or refuse to act
- There is no more than one property
- There are no more than 5 Bank or Building Society accounts
- There are no other intangible assets
- There are 4 Beneficiaries
- Whether any Beneficiaries do not have capacity under the Mental Health Act or a minor
- There are no disputes between Beneficiaries on the vision of assets. If disputes arise this will lead to an increase of costs
- Whether there are any trusts in the Will
- Whether there are any missing Beneficiaries
- There is no Inheritance Tax payable and the Executors do not need to submit a full account to HMRC
- There are no claims made against the Estate
Administration of Estates work is normally charged on a time spent basis. The hourly rates applicable are shown below for our Solicitors.
Solicitors | Hourly rate (excl. VAT) | Hourly rate (incl. VAT) |
Directors and Solicitors | £325.00 | £390.00 |
CILEx. Probate Practitioner | £300.00 | £360.00 |
VAT is currently 20%
We anticipate that Probate matters, where we are assisting with the Administration of the Estate, will take between 6 and 12 hours of work. Assuming an hourly rate of £325 per hour (excl. VAT) we estimate that our fees for this type of matter will be in the region of:
Our fees | £1,950 - £3,900 | excl. VAT |
VAT at 20%: | £390 - £780 |
|
Total | £2,340 - £4,680 | + disbursements (see below) |
The exact cost 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, costs will be at the higher end and may even exceed the above estimate.
Disbursements
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. Disbursements in addition to the above fees include:
Description | Typical costs |
Probate application fee | £300.00 |
Office copies of the Grant of Probate | £16 per copy |
Bankruptcy search fee | £2 per Beneficiary |
Section 27 Trustee Act notice fee (this protects the Trustees against creditors) | £300.00 - £400.00 |
Swearing of the Oath | £7 (per executor) |
Examples of when there would be potential additional costs (this list is not exhaustive)
- No valid Will
- Shareholdings (stocks and bonds)
- Dealing with the sale or transfer of any property
- Trusts
- Overseas assets
There are likely to be additional costs that could range significantly depending on the Estate and how it is to be dealt with. We can give you a more accurate quote once we have more information.
How long will this take?
On average, Estates that fall within this range are dealt with within 9-12 months. Should you decide to wait before distributing in case any claims may arise this will increase to between 12-18 months. Typically, obtaining the Grant of Probate takes 3-6 month. Collecting assets then follows, which can take between 3-6 months. Once this has been done, we can distribute the assets, which normally takes 4-8 weeks. The exact time will depend on the individual circumstances of the matter.
Application for Grant of Probate only
What the service includes
We can help you through this difficult process by obtaining the Grant of Probate on your behalf. If you are happy to gather together information to establish the value of the Estate and deal with the distribution of the Estate without our assistance and merely need assistance in applying for the Grant we offer a fixed fee service.
We will:
- Provide you with a dedicated and experienced Probate Solicitor to work on your matter
- Identify the legally appointed Executors or Administrators and Beneficiaries
- 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
- Draft a Statement of Truth for you to sign
- Make the application to the Probate Registry on your behalf
- Obtain the Grant of Probate and securely send copies to you
Anticipated charges and expenses
We will normally undertake this work on a fixed fee basis. Our typical costs are shown below.
Fixed fee: | From £850.00 | excl. VAT |
VAT at 20%: | £170.00 |
|
Total | £1,020.00 | + disbursements (see below) |
The above fees assume that we are instructed to seek Grant of Probate only, that there is no Inheritance Tax to pay and the short IHT205 form can be used. It also assumes that all financial information is supplied by the Executor(s).
Disbursements
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. Disbursements in addition to the above fees include:
Description | Typical costs |
Probate application fee | £300.00 |
Office copies of the Grant of Probate | £16 per copy |
Swearing of the Oath | £7 (per executor) |
How long will this take?
On average, Estates that fall within this range are dealt with within 2-3 months. Typically, obtaining the Grant of Probate takes 6-8 weeks once you have provided the relevant information to us.