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Probate services pricing guide

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Probate Services

Prettys’ Wills and Estates Department has extensive experience in dealing with the administration of estates.  The process can be complex and time consuming.  Our specialists will listen sympathetically whilst helping you through this difficult area during what is an emotionally stressful time.

We aim to explain matters as clearly as possible and to take the confusion out of the law for you.

Most people have heard of “Probate” and understand that it is something to do with sorting out a deceased person’s property.  That is correct to a certain extent.  In a lot of cases, before anyone can deal with a deceased’s property and financial affairs they have to have the authority to do so.  This authority comes in the form of an Order from the Court known as a Grant of Representation.  If there is a Will that appoints executors the Grant is called a Grant of Probate.  If there is no Will, or if there are no executors, it is called a Grant of Letters of Administration.  The terms “Grant of Representation” or “Grant” and Personal Representatives or “PRs” cover both.

Our Team

Our Estate Administration Team is made up of qualified paralegals and solicitors with a range of experience.  The Team is supervised by Emma Woollard who has over twenty years’ experience and who qualified as a solicitor in 1999.  For more details of the Team and their experience, please see our individual website profiles.

Charges

Reference to VAT is at its current rate of 20%.

Our charges are based upon fixed fees (as appropriate) and hourly rates which are reviewed annually on 1 May.  Our current hourly rates for our Team are below:

By seniority

Partners £  250 + VAT

Associate Solicitors £  225 + VAT

Qualified Paralegals £  180 + VAT

Paralegals £  125 + VAT

Trainees £  100-125 + VAT

If you instruct us, we will set out the relevant hourly rates in our engagement letter.

Services

Full Estate Administration

We charge on a time costed basis, based upon hourly rates.

Grant Only Services

We will obtain a Grant of Representation if the client wishes to administer the estate themselves but needs help with the first part of the process.

Fees – the fixed fees below are on the basis that the client has collected the date of death valuations.  In addition, standard disbursements will be payable, such as the Probate Court fee (see below for additional costs section).  If there is inheritance tax payable there will be additional work and the fees above are a guide, depending on the work required to obtain the Grant.

Obtain Grant – with no inheritance tax to pay £   850 + VAT

Obtain Grant (IHT400 full tax return) with no inheritance tax to pay £ 1,200 + VAT

Obtain Grant (IHT400 full tax return) with inheritance tax to pay £ 2,000-4,000 + VAT

 

Timescales – it can take between four weeks and six months to obtain a Grant from the Probate Registry.  The timeframe is affected by matters outside of our control, such as waiting for additional information, and the Probate Registry processing times.

There may be complexities such as domicile issues, or the completion of additional documentation.  This extra work will be undertaken on an hourly rate basis, and will be in addition to the fees quoted above.  We will provide estimates in advance of the work being undertaken.

Full Estate Administration Services

We can provide a full administration service which includes obtaining all of the detail and valuation figures to apply for the Grant of Representation.  We charge for this on our hourly rates (see above).

For a simple, straightforward, estate our fees will be less than for a more complex estate which will also take more time to administer.  As estate of our price ranges is as follows:

Straightforward case £  3,000-£4,000 + VAT

Medium complexity case £  6,000-£8,000 + VAT

Complex case £  from 10,000 + VAT

Additional Costs and Disbursements

We will always be upfront with you about any additional costs and what they relate to.  If you instruct us, we set out any known additional expenses in our engagement letter.

Disbursements are costs that relate to your matter and are payable to third parties such as Court and Land Registry fees.

Typical examples of additional costs that relate to estate administration:

Probate Court fees £155 plus £1.50 per copy of the Grant (on 26 January 2022 fees increase to £273)

Bankruptcy Search fees £  2 per beneficiary

Copy of Title deeds £  3 + VAT

Statutory advertisements (to protect PRs) Section 27 Notice – from £270 – but actual cost depends upon the cost of placing a legal notice in a local paper and these vary greatly.

VAT is added to our fees at 20%.

There may be other expenses depending on the needs of the estate; these could include obtaining asset valuations, estate agents, stockbrokers, accountants, financial advisors etc.

Key Stages of an Estate Administration

The key stages show a guideline of the work involved.  If some of those stages are not required, then the time spent will be reduced and the cost will reflect this.

  • Making full enquiries as to the extent of the assets and any liabilities in the estate.
  • Identifying beneficiaries or those named in the Will.
  • Collecting in assets and determining their value.
  • Correspondence with our clients throughout the process.
  • Drafting and submitting the Probate application (including the inheritance tax forms)
  • Dealing with capital gains tax/income tax matters (where relevant this may involve instructing an accountant, whose fees will be in addition to our own),
  • Distribution of the estate assets and the preparation of the final estate accounts.

What will make a case more complex (or towards the higher end of the range provided)?

  • If these are a large number of beneficiaries and/or beneficiaries who cannot easily be identified.
  • If there are a large number of assets - a straightforward estate would have a single property and a couple of bank accounts.
  • If there are overseas properties, agricultural or business assets, or private company or publicly traded shares, where valuation is not straightforward or dealings with Registrars become drawn out.
  • If there are delays in receiving responses to our correspondence to clients, beneficiaries, or other third parties.
  • Arranging for house clearances.
  • Managing and insuring unoccupied property.
  • Involvement in family trusts or complex pension arrangements.
  • Assets where the historic ownership is unclear.
  • The frequency of communication required by our clients and the beneficiaries of the estate will have an impact on our fees; an estate with many beneficiaries requiring regular contact will lead to higher fees than an estate with one beneficiary requiring infrequent contact.
  • Inheritance Tax issues may increase the overall complexity of administering an estate.
  • Dealing with third party issues or disputes (HM Revenue & Customs [HMRC] may question the value of the estate assets submitted/the Department for Work & Pensions [DWP] may query the payments of means-tested benefits received by the deceased in their lifetime).
  • A dispute between the beneficiaries which needs to be resolved before the administration can be completed.

Services not covered

These price ranges are provided on the basis that we are not required to provide the following services which would be charged additionally and for which we would provide a separate estimate:

  • Registering the death of the deceased and/or arranging the funeral.
  • Administering any trusts resulting from the terms of the Will.
  • Preparing Deeds of Variation.
  • Conveyancing on the sale of transfer of the deceased’s property.
  • Tracing a missing Will or missing executors.
  • Dealing with any tax returns relating to before/after the deceased’s death.
  • Dealing with any tax planning issues relating to the estate of any predeceased spouse.
  • Disputes over who is entitled under the Will or dealing with any claims against the estate.
  • Reviewing retrospective care funding matters concerning the deceased.
  • Insolvency issues.
  • Providing advice on any business or overseas assets.

 

Every estate is different and we will only charge for work that is relevant to properly administer the estate.  However, to give an idea of what our charges will be like, please see below for some typical examples of what we have charged our clients in the past.

Timescales

The length of time that it takes to administer an estate depends upon factors such as the complexity of the estate, whether inheritance tax is payable, and external agencies such as HMRC.  The case study examples took between six to twelve months.  We can provide regular updates on timeframes as your matter progresses.

Case Studies

  • A simple case with no inheritance tax to pay:

Fees £1,500 + VAT + expenses/disbursements

The estate of A was administered by an experienced Qualified Paralegal in the Department.  It took approximately six months to administer.  The estate consisted of a number of bank accounts and policies, a few personal possessions, a few debts to verify and discharge.  No inheritance tax was payable.

  • A medium complexity with no inheritance tax to pay:

Fees £7,000 + VAT + expenses/disbursements

The estate of B was administered by an experienced solicitor.  It took approximately twelve months to administer.  The estate was valued at £500,000 and consisted of a house, multiple bank accounts, personal possessions, and shareholdings.  The deceased left a Will with a number of charitable legacies and then passing to nephews, nieces, and friends.  No inheritance tax was payable as the spouse transferable nil rate band could be used.  There were some additional cost and time delays dealing with the deceased’s income tax return with HMRC.

  • A complex estate with inheritance tax to pay:

Fees £15,000 + VAT + expenses/disbursements

The estate of C was administered by a Partner in the Team.  It took eighteen months to administer.  The estate value was significantly over the threshold allowances and consisted of a business, property, multiple accounts, stocks and shares, and complex portfolio investments.  The estate took a long time to administer as a result of the delays in dealing with the business and valuations, and obtaining HMRC’s agreement to the valuations and allowances and exemptions claimed.

If you would like to speak with one of our Team, please email enquiry@prettys.co.uk  or call 01473 232121.

Expert
Emma Woollard
Partner