Probate:
We are experienced of over 10 years of contentious and non-contentious Probate matters. Probate is the legal process of appointing executors, granting them the authority to administer a deceased person’s estate, and resolving any challenges to their decisions. Without probate, executors must rely solely on the validity of the will to authorise their actions, which can often be difficult to prove. If the will is not legally binding, executors may face liability and be charged for damages if they act without proper legal authority.

In essence, probate involves administering the estate—managing assets, settling debts, authorising the sale of property, and distributing inheritances. A valid probate document allows the deceased’s assets to be released to the executors, giving them the legal authority to carry out these responsibilities.

Until probate is granted, the deceased’s assets are typically ‘frozen’ to prevent incorrect distribution. This safeguard ensures that executors can only access bank accounts, sell property, or manage other estate matters once their authority is legally recognised.

A common misconception is that probate is unnecessary if the deceased has a valid will. Even with a valid Last Will and Testament, probate is required to formalise the executors’ authority through a ‘Grant of Probate.’ If there is no will (intestate), the process involves obtaining ‘Letters of Administration.

The probate process can be lengthy and complex, particularly in cases where disputes arise over the terms of the will or when no will exists. We understand how overwhelming this process can be during an already difficult time. Our experienced team specialises in professional probate services, ensuring the estate is managed efficiently while minimising stress and avoiding unnecessary legal complications.

We guide you through this process with clarity and compassion. Contact us today to discuss how we can assist with your probate needs.

Our Legal Fees for non-contentious:
We do not charge VAT for our services. We offer professional and transparent probate services to ease the burden during what can be a challenging time. Our services are designed to suit your needs, whether you require full administration of an estate or assistance with obtaining a Grant of Probate.

1. Full Administration Service
We provide comprehensive probate support, including:

• Obtaining the necessary documentation to sell or transfer assets.
• Advising you on your legal duties and liabilities during the probate process.
• Applying for the Grant of Probate on your behalf.
• Paying off debts and distributing the estate to the beneficiaries in a timely manner.

Timeline:
A Full Administration typically takes 10-12 months to complete.

Fees:
We charge a fixed fee of 1% of the gross value of the estate, with a minimum fee of £2,500.00.

Our fees are usually paid from the estate’s assets, meaning no upfront payment is typically required.

As part of our fixed fee 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 legal oath for you to swear
  Make the application to the Probate Court on your behalf.
• Obtain the Probate and securely send two copies to you
  Collect and distribute all assets in the estate

2. Service for Probate Grant Only
This service is ideal if you only require assistance with obtaining a Grant of Probate. It includes:

• Completing the Probate Application and Inheritance Tax return.
• Drafting a Statement of Truth to support your application.
• Submitting the application to the court and obtaining the Grant of Probate.

Timeline:

• It takes approximately 1 month from instruction to be ready to apply for the Grant.
• Courts typically take 6-8 weeks to release the Grant.

Fees:

• £1,500.00 and disbursements for simple estates (IHT 205 and IHT 217 tax returns.
• £2,750.00 and disbursements for complex estates (IHT 400 tax returns).

In the context of probate and wills in England, disbursements refer to the additional expenses incurred during the probate process that are paid to third parties. These costs are separate from a solicitor’s legal fees and are typically necessary to complete the administration of the estate. Below are some common disbursements in a will:

Probate Court Fees: Application fee for the Grant of Probate or Letters of Administration: £273 for estates valued at £5,000 or more (no fee if the estate is valued below £5,000). Additional copies of the Grant (if needed): £1.50 per copy.

Swearing of the Oath/Statement of Truth: Although this is less common now due to online applications, the cost is usually £5–£10 for swearing an oath or signing the Statement of Truth if done in person.

Advertising for Creditors (Section 27 Notices): To protect the executor from future claims, advertisements can be placed in:

• The London Gazette (around £70–£100).
• A local newspaper (costs vary but typically £100–£200).

Land Registry Fees: If the estate includes property, fees may be required for property searches or to register changes in ownership. Fees depend on the property’s value and transaction type.

Bankruptcy Searches: To ensure beneficiaries are not bankrupt before distributing the estate (around £2 per search).

Inheritance Tax (IHT) Payments: If inheritance tax is due, it will be paid directly to HMRC. The amount depends on the value of the estate and any exemptions or reliefs that apply (e.g., Nil Rate Band or Residence Nil Rate Band).

Valuation Fees: Professional valuations may be required for assets such as property, shares, or valuable items like art or jewelry. Costs vary depending on the service provider.

Postage and Copies: Expenses for sending official documents or obtaining additional certified copies of the will or probate documents.

Specialist Reports or Services: If the estate includes unusual or complex assets (e.g., overseas property or a family trust), additional professional reports may be required.

Potential additional costs: If there is no will or the estate consists of any share holdings (stocks and bonds) there is 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. Dealing with the sale or transfer of any property in the estate is not included.

N.B. Executors are reimbursed for any disbursements they pay out of pocket using the estate’s funds, provided the costs are reasonable and directly related to the estate administration.

3. Deed of Variation
If you need to alter the distribution of an estate to reduce tax liability or for other reasons, we can prepare a Deed of Variation.
Fees: £400.00.

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.

We will handle the full process for you. This quote is for estates where:

• There is a valid will.
• There is no more than one property.
• There are no more than a bank or building society accounts.
• There are no other intangible assets.
• There are no more than one 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 against the estate.

We pride ourselves on offering fixed fees with no hidden costs, providing clarity and peace of mind during this process. Contact us today to discuss your probate needs and how we can assist you.

Contentious Probate:
Contentious probate refers to disputes arising over the administration or validity of a deceased person’s will or estate in England. Common issues include claims that the will is invalid due to lack of testamentary capacity, undue influence, or improper execution. Other disputes may arise when someone believes they have been unfairly excluded from the will or if the deceased failed to make reasonable financial provisions for dependants under the Inheritance (Provision for Family and Dependants) Act 1975. These matters can also extend to disagreements among executors, beneficiaries, or claims over the estate’s valuation or administration. Resolving these disputes often involves mediation, negotiation, or, in more complex cases, litigation in court.

Approximate Fees for Contentious Probate
The costs of handling contentious probate matters vary widely, depending on the complexity of the dispute and the legal work required. We charge an hourly rate, ranging from £200 to £312, depending on the solicitor’s expertise and location. Initial advice or mediation might cost a few thousand pounds, while court proceedings can escalate costs significantly, with total fees for complex cases ranging from £10,000 to £50,000 or more. In some cases, litigation funding options or “no win, no fee” agreements may be available. It’s essential to seek early legal advice to assess the strength of the case and explore ways to resolve the matter efficiently, as prolonged disputes can deplete the estate’s value.

No Win, No Fee
We understand the financial strain that contentious probate matters can place on clients, which is why we offer “No Win, No Fee” agreements, also known as Conditional Fee Agreements (CFAs), for suitable cases. Under this arrangement, you will not be required to pay our legal fees unless your case is successful, providing you with peace of mind and access to expert legal support without upfront costs. If your claim is successful, our fees, including a success fee, are typically recovered from the opposing party or the estate in dispute.

While “No Win, No Fee” can make pursuing a claim more accessible, it’s important to note that you may still be responsible for third-party disbursements, such as court fees, expert reports, or mediator costs. We also recommend considering After-the-Event (ATE) insurance, which can cover the risk of paying the opposing party’s legal costs if the claim is unsuccessful. We are committed to full transparency and will carefully explain the terms of the agreement and any associated costs to ensure you feel confident and well-informed throughout the process. Contact us today to discuss your case and see how we can assist you.