Wills, Trusts and Probate Matters

We understand that talking about your Will, or the affairs of a loved one who has just died, are unsettling. We’ve lots of experience in helping people in these situations, and we are here to listen, advise and help you in a straightforward and sensitive way.

We have lots of involvement in dealing with people’s affairs and sorting out complicated family or financial situations.

When it comes to our Will Writing Service, our fixed fee is the fee you pay. There are no nasty surprises and our fee includes the storage of your Will documents in our vaults.

Areas of Expertise

  • Applications for a Grant of Probate.
  • Estate administration including preparation of papers to apply for Grant of Probate.
  • Establishment of Trusts and severance of joint tenancy.
  • Advising on trust-creation and administration.
  • Contesting Wills, Will disputes and disputed probate cases.
  • Inheritance Act claims – on behalf of spouse or partner of deceased, children of the deceased and people who were “maintained” by the deceased.
  • Later Life Planning – making arrangements to ensure wealth, property and any assets owned are protected.
  • Drafting of Wills and mirrored Wills.

Our charges for Probate

  • To obtain a Grant of Probate only in a straightforward estate – our legal fees are £850.00 plus VAT.
  • To obtain a Grant of Probate only in a more complex estate –  our legal fees are £1200 + VAT.
  • Court fees are £273.00 (no VAT) are applicable to both.

 

Disbursements

Disbursements are costs/fees related to your matter that are payable to third parties. We handle the payment of disbursements on your behalf and this ensures a smoother process for you.

  • Probate grant fee of £273.00 + £1.50 per additional copy required.
  • Trustee Act section 27 notices approximately £100 for a notice in the London Gazette and £220 for a notice in a local newspaper. Section 27 notices help protect against unexpected claims.

Exclusions & Potential Additional Costs

Our fees are fixed and include items detailed above, however there may be factors which would typically increase the cost of the fees. Where there is likely to be any additional cost, we will make sure you are informed of this at the earliest opportunity and a clear estimate of those extra costs will be provided.

Factors that may lead to an increase in cost include:

  • Dealing with the sale or transfer of any property within an estate is not included in the above-mentioned figures. Our conveyancing team shall quote separately for this work if required.
  • Inheritance tax. See here: https://www.gov.uk/inheritance-tax
  • Sorting through numerous old papers
  • Missing title deeds or share certificates
  • Beneficiaries having to be traced e.g. because their contact details are not known
  • There are trusts in which the deceased had an interest which need to be considered
  • Agricultural or business property
  • Private company shares
  • Foreign assets
  • Specialist assets e.g. private collections
  • Threatened, anticipated or actual litigation or disputes between beneficiaries
  • The renunciation of an executor
  • A Will where the terms are unclear
  • Tax advice
  • Deeds of variation or disclaimer
  • Other unusual or complex situations

Key Milestones and What We Will Do

With every transaction there are key milestones, which may vary according to individual circumstances. Our fee will include these milestones and may be as follows:

  • 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 the Grant to you
  • Collect in all assets in the estate and settle the liabilities
  • Finalise the deceased’s income tax affairs for the tax year to the date of death
  • Distributing funds in accordance with the terms of the Will
  • Prepare a detailed account of the estate for the Executors and Residuary Beneficiaries

How long will the process take?

On average estates which fall within this range are dealt with within 4 to 9 months. Typically, obtaining the grant takes 3 months. Collecting assets then follows and takes on average 6 to 8 weeks. Once this has been done, we can finalise the estate and distribute the assets.

The Probate Registry switched to a new computerised system in April 2019 and since its introduction there have been delays in the Registry issuing the grant. It is hoped these difficulties will be rectified by the Probate Registry in early course.

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