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PROBATE / ESTATE ADMINISTRATION FEES

PROBATE / ESTATE ADMINISTRATION FEES

Introduction 

In this section we provide information on probate / estate administration fees as follows:

  • Our approach

  • Grant application and estate administration

  • Information on legal fees

  • Information on additional costs

  • Time frames

Our approach

We are committed to providing professional, respectful and compassionate legal advice for you and your family.

As part of this commitment we aim to provide clear costs information that is relevant to your situation at the earliest possible opportunity. We want you to be able to make an informed decision. To enable us to do this we offer the following:

  • You are welcome to contact us to arrange a free initial telephone consultation to see if we can help;

  • Following the initial free telephone consultation we can arrange a face-to-face (or Zoom) meeting. During this meeting we gather from you as much information as we can about the estate;

  • Once we have received full information on the estate, understand what your priorities are, and have a clear understanding of the aspects you would like help with, we can provide a fee estimate.

We are also flexible: we can help as much or as little as you would like us to. For example, we can provide you with advice in relation to specific issues, we can complete the grant of representation application on your behalf, or assist you with the entire estate (i.e. acting on your behalf in completing the grant application and administering the estate). Please just let us know what we can do to help.

Grant application and estate administration

There are typically two main stages when dealing with the estate of someone who has died: obtaining the grant of representation and administering the estate.  

Typical items of work required for each stage are as follows (where the assets are wholly in England and Wales, the estate is uncontested, and the deceased was domiciled in the UK):

Stage 1: Obtaining the grant of representation

  • Locating and reviewing any will(s) and codicil(s) and checking the scope and validity of the documents;

  • Gathering information on the assets and liabilities of the deceased at the date of death including corresponding with asset holders and creditors and obtaining valuations where necessary;

  • Considering the deceased’s lifetime income tax position (including liaising with the deceased’s accountant - or instructing an accountant, if required - to ensure that a tax return is prepared to the date of death);

  • Preparing the inheritance tax account, submitting this to HMRC and arranging for the inheritance tax to be paid; and

  • Drafting the documentation to apply for the grant of representation and submitting this to the Probate Registry.

Stage 2: Administering the estate

  • Collecting assets and settling liabilities;

  • Paying legacies;

  • Arranging for adverts for creditors to be placed;

  • Compiling estate accounts;

  • Responding to any queries raised by HMRC in relation to the inheritance tax account and obtaining inheritance tax clearance;

  • Distributing the residuary estate.

Information on legal fees

 

Our fees are calculated on the basis of the time incurred in assisting you.

Work may be done on your matter by a number of different legal professionals. The hourly rates in respect of work done on your matter by each of the legal professionals are as follows:

  • Solicitor and Director: £380 per hour plus VAT

  • Solicitor: £350 per hour plus VAT

  • Paralegal: £295 per hour plus VAT

  • Trainee Solicitor: £295 per hour plus VAT

  • Legal Assistant: £280 per hour plus VAT

  • Consultant Solicitors and Consultant Barristers: £350 per hour plus VAT

  • Consultants (other): £350 per hour plus VAT

As noted above we will provide you with a fee estimate specific to your circumstances once we have obtained the relevant information from you.

Although the fee estimate will depend on the specific circumstances of your case, the following information provides some general guidance. The fee ranges likely to be charged are shown below:

  • Applying for the grant of representation: £10,000 - £25,000 (plus VAT)

  • Administering the estate: £10,000 - £25,000 (plus VAT)

 

Please note: the fee ranges are not fee estimates. The fee estimate may be less, or indeed more, than the fee ranges.

We may charge an additional fee if you require your matter to be completed urgently.

Information on additional costs

Value element where a director is appointed as an executor and / or trustee

Where a Director of the firm has the added responsibility of acting as an executor and / or trustee, a value element is charged in addition to the hourly rates:

  • Cash and other non-property assets: value element charged = 2.5% of the gross value of the cash and other non-property assets

  • Property: value element charged = 2% of the gross value of the property

Additional work – legal fees

You may require assistance with work related to the estate such as implementing and advising on the terms of a trust arising under the Will.  

We would be very happy to assist with any work which falls within our areas of expertise - and can provide a separate fee estimate for such work.

Taxes

Our legal fees above are shown exclusive of VAT. VAT is charged on our legal fees. VAT is currently 20%.

All taxes payable by the estate (such as inheritance tax, income tax and capital gains tax) are also separate from our legal fees.

Disbursements

Disbursements are costs paid out on your behalf to third parties. Disbursements are not included in our legal fees. 

Examples of typical disbursements include:

  • Probate Registry grant application fee (if the value of the estate is over £5,000): £526 

  • Land Registry bankruptcy search fees: £6 - 7

  • Costs of advertising for creditors: usually in the region of £250 - £350 (plus VAT)

Instruction of third parties

Third parties may also need to be instructed directly by you to assist in relation to specific aspects of the administration, such as:

  • A surveyor to value a property

  • Accountants to complete tax returns 

  • Estate agent fees and legal conveyancing costs for selling a property

 

Costs for such services are separate from our legal fees. 

Foreign advice, tax, disbursements and any other expenses

All foreign advice, tax, disbursements and any other expenses are separate from our legal fees.

Time frames

​Time frames can vary significantly as each estate is different. When we have received full information on your matter we can provide an estimate of time frames.

As a general guide please note the following:

  • Applications for grants of representation usually take between three to nine months to prepare; and

  • Administering the estate (following receipt of the grant) usually takes between six to eighteen months to complete.

Please note time frames can be shorter or longer than this. Time frames may be longer due to a variety of reasons beyond our control including delays in obtaining responses from third parties or new information coming to light. 

We will update you on time frames however if they are to change over the course of the matter, and provide the reasons for this.

HMRC's and the Probate Registry's processing times from the date of submission of the relevant documents vary. When the grant is applied for, we can (should you wish us to do so) obtain an estimate of HMRC's and the Probate Registry's processing times at that stage.

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40 Berkeley Square, Bristol, BS8 1HP

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