At Clarke Mairs we can help you:

  • Apply to the Probate Registry for issue of a Grant of Probate (where there is a Will) or Letters of Administration (where there is no Will). The grant allows the named person/s to collect in the assets e.g. encash bank accounts, sell a property.
  • Complete the inheritance tax forms and pay the inheritance tax within certain deadlines. We can advise about exemptions and reliefs to reduce the inheritance tax liability.
  • Administer the estate by collecting in all the assets, paying the liabilities, preparing the estate accounts, and distributing the estate to the correct beneficiaries. We can even arrange house clearance and the house sale.
  • Vary your entitlement to someone’s estate. A properly prepared Deed of Variation can protect you from suffering detrimental inheritance and capital gains tax consequences.

DID YOU KNOW

  • Where there is a Will not all executors need to act in the administration of the estate. An executor wishing no involvement can renounce, whilst one wishing to take a back seat can have “power reserved”. Power reserved is a bit like being on the susbstitutes bench: the executor does not take part in applying for probate or signing the papers dealing with the assets and liabilities in the estate, but can step back in the picture if necessary to do so.
  • Where there is no Will, the law sets out a strict order of priority of who can act in the administration and who can inherit (“the Intestacy Rules”). We can advise you on the law.
  • Personal Representatives can protect themselves from liability in a number of ways. They can, for example, take out insurance, advertise notices and undertake bankruptcy checks. We can provide advice.
  • Where there is a risk of a claim under the Inheritance (Provision for Family and Dependants) Act 1975, a Personal Representative should delay making any distributions until at least 6 months from the Grant of Probate/Letters of Administration.

Cost information

This guide is designed to provide you with clear details of our costs for Probate /Administration of a deceased Estate.

We can help you through this difficult process by obtaining the Grant of Probate on your behalf. We will also undertake the collection and distribution of assets.

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 any shareholdings, costs will be at the higher end.

We are always happy to have an initial meeting with you to assess exactly what is required and we will be able to provide a specific quote at that point when we have all the information about your particular case. We will do this without charge.

We will handle the full process for you.

How much does this service cost?

  1. Estate type one

For an Estate valued under the current inheritance tax nil rate band (currently £325,000).

We anticipate this will take on average between 10 and 12 hours work at between £275 per hour – £295 per hour (depending on experience of the solicitor working for you)

Total costs estimated at between £2,750- £3,540 (+VAT).

This quote is for Estates where:

  • There is a valid will
  • There is no more than one property
  • There are no assets situated outside the UK.
  • There are no other intangible assets
  • There are no more than six residuary beneficiaries
  • There are no disputes between beneficiaries on division of assets. If disputes arise this is likely to lead to an increase in costs
  • There is no inheritance tax payable and the executors do not need to submit a full account to HMRC
  • There are no claims made or pending against the Estate

Disbursements in addition to this fee are as follows:

  • Probate application fees. Please see the www.gov.uk/wills-probate-inheritance/applying-for-a-grant-of-representation for further details.
  • £7.00 – Swearing of the oath (per executor)
  • Bankruptcy searches at £2.00 per beneficiary (if resident in the UK. For beneficiaries outside the UK the costs are significantly higher and depend on Country of Residence)
  • Statutory Advert in The London Gazette and a Local Newspaper (to protect against unexpected claims from unknown creditors) Please see www.thegazette.co.uk/wills-and-probate/place-a-deceased-estates-notice for full details.

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.

How long will this take?

On average, Estates that fall within this range will be dealt with within 6 months from the date of instruction.

  1. Estate type two

For an Estate valued over the current inheritance tax nil rate band (currently £325,000).

We anticipate this will take on average between 13 and 15 hours work at between £275 per hour – £295 per hour (depending on experience of the solicitor working with you)

Total costs estimated at between £3,575- £4,425 (+VAT)

This quote is for Estates where:

  • There is a valid will
  • There is no more than one property
  • There are no assets situated outside the UK.
  • There are no other intangible assets
  • There are no more than six residuary beneficiaries
  • There are no disputes between beneficiaries on division of assets. If disputes arise this is likely to lead to an increase in costs
  • There is inheritance tax payable and the executors need to submit a full account to HMRC
  • There are no claims made or pending against the Estate

Disbursements in addition to this fee are as follows:

  • Probate application fees. Please see the www.gov.uk/wills-probate-inheritance/applying-for-a-grant-of-representation for further details.
  • £7.00 – Swearing of the oath (per executor)
  • Bankruptcy searches at £2.00 per beneficiary (if resident in the UK. For beneficiaries outside the UK the costs are significantly higher and depend on Country of Residence)
  • Statutory Advert in The London Gazette and a Local Newspaper (to protect against unexpected claims from unknown creditors) Please see www.thegazette.co.uk/wills-and-probate/place-a-deceased-estates-notice for full details.

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.

How long will this take?

On average, Estates that fall within this range take 6 months but may take longer as we need to obtain HMRC clearance to confirm that they are satisfied that all the tax affairs of the Estate are in order. This can mean delays in some cases but we will advise you accordingly.

In both cases, as part of our fixed fees 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 (as appropriate)
  • Draft a legal oath or sworn statement for you to swear
  • Make the application to the Probate Court on your behalf
  • Obtain the Grant of Probate and send a copy to you
  • Arrange placement of statutory notices
  • Undertake bankruptcy searches and identity checks for all beneficiaries
  • Collect and distribute all assets in the Estate
  • Prepare final Estate Accounts

In both cases potential additional costs may be as follows;

  • If there is no will or the Estate consists of any share holdings (stocks and bonds) there is likely to be additional costs. We can give you a more accurate quote once we have more information.
  • If there is more than one property, assets outside the UK, intangible assets, additional beneficiaries, disputes between beneficiaries or claims against the Estate there will be additional costs. Again we can give you a more accurate quote for these aspects once we have all the information.
  • Dealing with the sale or transfer of any property in the Estate is not included.
  • Dealing with any income tax due on the Estate (for the Administration Period) is not included.
  • Dealing with any corrective accounts to HMRC (for example to adjust inheritance tax payable where an asset has sold for more or less than its original valuation) is not included.

If, having read this guide, you still have any queries about our fixed fee services for Probate then please do not hesitate to contact us and we will be delighted to discuss things further with you.

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