Probate Costs

Estate Administration

This service involves dealing with someone's affairs after their death. The costs will vary according to the level of service that you feel you need which will be discussed in an initial half hour free of charge consultation. The work involved and the estimate of timings will be discussed from the outset and will be set out in our client care letter once you decide on the work you wish us to undertake as probate matters can vary greatly in terms of the size and extent of the estate. Some matters may be simple with only one executor and one beneficiary and no Inheritance Tax to pay whilst others may involve partners in our firm as executors with multiple beneficiaries to be traced and multiple properties to sell and a significant tax liability. It is therefore important at the outset that we meet you and assess the size and complexity of the estate to allow you to decide how to proceed. This will determine the basis on which our charges will be made in completing the required work. The following paragraphs set out the basis for rates charged on each type of case.

Applying for the grant, collecting and distributing the assets

Our charges are based on the time spent on the matter charged at an hourly rate of £280.00 plus VAT of £56.00 totalling £336.00ph. The exact costs will depend on the individual circumstances of the matter and the complexity of the estate.

In a typical straightforward case where there is for example one beneficiary, one property, and a few bank accounts, the costs will be lower than for instance an estate with multiple beneficiaries, a property, many bank accounts and shareholdings or a foreign element.

In a simple scenario where there is a valid Will and no inheritance tax to pay, the costs would be in the range of £3,000.00 to £5,000.00 plus VAT. This will increase where the estate is taxable and an Executor needs to submit a full account to the HMRC. Further costs will also arise where there is no Will.

Where we are instructed on a grant only basis there will be a fee of about £1,500.00 plus VAT of £300 totalling £1,800.00 based on 6 hours of work at our hourly rate plus the expenses set out below:

Our fee for grant only cases covers the following work:

  • Providing an experienced probate solicitor (Julian Stern) to work on the matter
  • Identifying the executors or administrators and beneficiaries
  • Identifying the type of Probate application required
  • Obtaining the relevant documents required to make the application
  • Completing the Probate Application (but this estimate does not include the relevant HMRC forms and assumes there is no Inheritance Tax to pay)
  • Making the application to the Probate Registry on behalf of the client
  • Obtaining the Grant of Probate and securely providing two copies to the client
  • The collection and distribution of all assets in the estate is then handled by the client

On average these types of estates are dealt with within 4-9 months. Typically, applying for the Grant of Probate takes 8-12 weeks. The Probate Registry is currently taking about 16 weeks to process applications. The Grant of Probate is then passed on to the client so that the assets can be collected and distributed to the beneficiaries.

There will also be additional expenses (disbursements) which include:

  1. Probate application fee (£273.00) plus £1.50 per Court sealed copy.
  2. Bankruptcy searches (£2.00 per beneficiary).
  3. Notices under the Trustee Act in London Gazette and local paper (£200 - £400) if requested which protects Executors against unexpected claims from unknown creditors.
  4. Costs of selling or transferring shareholdings if requested (Registrars’ fees variable).

The costs of dealing with the sale of any property in the estate will be a separate cost and will be quoted at a later stage. Please refer to the separate section on costs of sales of property.

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 5 bank or building society accounts
  • There are no other intangible assets
  • There are 1-9 beneficiaries
  • There are no disputes between beneficiaries on division of assets. If disputes arise this is more than 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

Where we are appointed as Executors or instructed to act for those appointed there will be an additional value charge based on the gross value of the estate which is a reflection of the importance of the matter and consequently the responsibility on the firm.

This charge will be 1% of the gross value of the estate (excluding any residence in which the deceased resided where the rate will be 0.5%). VAT will be added to the charges.

There will be no value charge for a jointly owned property where the property does not form part of the estate. There will however be a value charge as set out above for jointly owned property where the property does form part of the estate, e.g. where property is held by the deceased and another person as tenants in common. In such cases, the value charge will be charged on the deceased's share of the jointly owned property only.

  • Where we are instructed to handle the complete process including collection of all assets and distribution to beneficiaries, there will be the following work in addition to those listed above:
  • Completing the relevant IHT forms and advising on potential reliefs available
  • Preparing application for probate including calculation of IHT
  • Liaising with asset holders
  • Obtaining Grant of Probate and completing all tax formalities with HMRC
  • Day to day administration of the estate
  • Gathering in assets and arranging disposals where necessary
  • Preparing, agreeing and distributing full estate accounts
  • Paying legacies and distributing net estate to beneficiaries
  • Advising executors regarding potential claims

In these cases, there are likely to be additional disbursements to add to those set out above. Examples include:-

  • Land Registry Office Copy Entry fees of £3.00 plus VAT of 60p per property
  • Land Registry fees dependent on action and value needed
  • Share valuations which will depend on the size of share holdings
  • Accountants’ fees to calculate capital gains and income tax liabilities

Likely Timescales

Typically, it takes between 4-18 months to obtain a grant of probate and administer an estate. The length of time is dependent on a number of factors, the complexity, size and extent of the assets, tax issues involved, number and whereabouts of the beneficiaries etc. Sometimes it can take several years in larger, more complex estates We will always keep executors updated and advise if any complicating factors arise while endeavouring to make appropriate payments on account to beneficiaries prior to completion of the administration of the estate.

Will writing Services

For a basic, straight forward non-complex Will with no Trust issues, we usually charge £300 plus VAT of £60. For couples with mirror Wills, we usually charge a reduced fee of £495 plus VAT of £99. For complex, lengthy Wills or Wills containing trusts, we will provide you with an individual fixed fee quote following our initial meeting for your approval. Codicils usually cost £175 plus VAT of £35 if simple.

Disbursements (expenses)

We recommend that all Wills are logged on the Certainty Database which costs £10 plus VAT of £2.

Lasting Powers of Attorney

We recommend that clients making a Will also make a Lasting Power of Attorney at the same time to protect the estate and themselves. We are able to prepare Lasting Powers of Attorney for (1) Health and Welfare and (2) Property and Financial Affairs for clients. Our basic charge is £400 plus VAT of £80 for each of the above LPAs. For clients undertaking both LPAs at the same time, the cost is £600 plus VAT of £120.

For couples undertaking both LPAs at the same time, the cost would be between £900-£1,100 plus VAT of £180-£220 dependant on the detail of the LPAs and number of Attorneys appointed.

Disbursements (expenses)

There is a fee payable to the Office of the Public Guardian currently in the sum of £82 per LPA.

Deputyship Application for Property and Financial Affairs

Sometimes it is necessary for a client to make an application to the Court of Protection on behalf of a loved one who has lost mental capacity and no valid Power of Attorney is in place.

Our charges for this will usually be based on our hourly rate quoted above for time spent on the matter. There is no additional value factor charged in these matters. As these applications are complex and vary considerably from case to case, we are unable to quote an average cost or timescale prior to taking full instructions on the matter.