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Private Client

Probate Fees

Streathers Daynes Smith has a highly experienced private client department. Our lawyers have expertise in various fields including probate and the administration of estates.  

The estates we assist with vary greatly, from complex estates involving high value or unique assets in multiple jurisdictions, to simple UK estates with no inheritance tax payable. 

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Probate fees  

Decades of experience tells us that all probate matters are different. In every case we ensure we work closely with the family and personal representatives to provide clear advice and guidance on what needs to be done, how long this will take and how much it will cost.  

Our charges  

Because the services we offer are bespoke, the following charges are intended to be an outline guide only and the exact figure will always depend on individual facts and circumstances of the matter.  

We will give you an initial estimate which is tailored to these specific facts and circumstances once information about the estate’s assets, its beneficiaries and relevant documents have been considered.  

We do not offer fixed fees for our work on an estate administration and we do not charge our fees on a percentage of the value of the estate.  

We charge for probate and estate administration work based on the time spent by the solicitor and other members of the team dealing with the matter. 

Our current hourly rates are: 

  • Partner: £475 plus VAT 
  • Senior Associate: £375 plus VAT 
  • Associate: £325 plus VAT 
  • Solicitor: £265 plus VAT 
  • Trainee Solicitor/Paralegal: £210 plus VAT 

Our hourly rates are reviewed periodically.  

Estimated Legal Costs 

The total cost will depend on the complexity of the estate, the type and value of assets involved, and whether inheritance tax is payable. 

Straightforward Estates 

For a straightforward estate, our fees are typically between: 

  • £4,000 to £10,000 plus VAT (£4,800 to £12,000 including VAT at 20%) 

The following is a non-exhaustive list of examples which make a probate matter straightforward:  

  1. There is a valid Will;  
  2. There is no more than one property;  
  3. There are no legal issues with the title to the property;  
  4. There are a small number of bank or building society accounts;  
  5. There are a small number of shareholdings or one share portfolio with a single investment manager;  
  6. Where applicable, there are share certificates for all shareholdings;  
  7. There are no other intangible assets;  
  8. There are a small number of beneficiaries;  
  9. There are no disputes between beneficiaries;  
  10. There are no claims made against the Estate; and  
  11. There is no inheritance tax to pay and the executors do not need to submit a full account to HMRC.  

Taxable or More Complex Estates  

Where the estate is subject to inheritance tax and we need to submit a full account to HMRC, this will take longer and accordingly our costs will be higher.  

If the probate is otherwise broadly regarded as straightforward (i.e. points 1 to 11 above still apply), our fees are likely to be in the region of: 

  • £10,000 to £18,000 plus VAT(£12,000 to £21,600 including VAT at 20%) 
  • Where the estate is subject to inheritance tax and there are other factors meaning it is not a straightforward estate, such as advising on reliefs and exemptions, historic issues, complex calculations  or where additional investigations are required, our fees are likely to be in excess of:  
  • £18,000 plus  VAT (£21,600 including VAT at 20%)  

These examples demonstrate how our costs will vary depending on the situation.  We recognise the importance of transparency concerning costs and would provide a bespoke written estimate once we were clear about the extent of the work required.  

We charge a compliance fee per instruction which can cost anywhere between £50 to £150 or more plus VAT  depending on the number of parties to check and complexity of work involved.  

Disbursements  

Disbursements will also be payable. These are costs relating to your matter that are payable to third parties, such as the Probate Registry. We handle the payment of disbursements on your behalf to ensure a smoother process. The disbursements are likely to include the following:  

DisbursementTypical CostVAT
Probate application fee (+ court sealed copies of the Grant of Representation @ £2 per copy). £526 + copies  No
Bankruptcy Search Fee (per search)  £6 per party  No
Post in the London Gazette and local newspaper (to protect the Estate against claims from unknown creditors)  Approximately £300-£400

Yes

 

Surveyor’s fees (to provide a formal probate valuation of a property)  From approximately £500 or more  Yes
International Bankruptcy Search Fee (per search)Approximately £50-£180Yes

The exact amount of any disbursements will depend on the nature of the estate. 

How long will the administration of the Estate take?

If there is inheritance tax to pay, HMRC will send a code which must be received before the probate application can be made. This code typically takes 4-5 weeks to arrive from the date the inheritance tax account is sent to HMRC. From the point of sending the probate application to the Probate Registry, the Grant of Probate can take in excess of 12-16 weeks to be issued. Please note that this timeframe can vary considerably due to the Probate Registry’s delays in processing applications. Once probate is granted, straightforward estates can be concluded within a matter of a few months. However, for more complex estates, the average timeframe can be in excess of 6-9 months.  

Key stages in the probate process  

The stages will vary depending on the circumstances although most cases will generally involve:  

  1. Meeting with the executors or the family to take instructions, ascertain the value and nature of the Estate and discuss the process;  
  2. Write to relevant financial institutions and registrars to obtain asset details;  
  3. Preparing an inheritance tax return and arrange for inheritance tax to be paid to HMRC if relevant;  
  4. Preparing and submitting the application for Probate and obtaining the Grant;   
  5. Collecting in the deceased’s assets and settling any liabilities;  
  6. Finalising the Estate’s tax position; and  
  7. Liaising with the beneficiaries of the Estate, prepare estate accounts and arranging final distributions.  

Our costs set out on this page are based on our work broadly compromising the above steps A – G and do not include any of the following:  

  • Contested estates;  
  • Costs for drafting Deeds of Variation of Disclaimer or other Affidavits, if they are required;  
  • Costs associated with drafting Powers of Attorney, where the personal representatives appoint us to obtain probate on their behalf;  
  • Estate Planning advice;  
  • Drafting Deeds of Variation;   
  • Dealing with an intestacy or insolvent estate;  
  • Arranging insurance;  
  • Time spent tracing assets or beneficiaries;  
  • Time spent in the more day-to-day duties of the personal representative, such as closing utility or council tax accounts or arranging house clearance;  
  • Work in relation to pre-death tax returns and confirming the pre-death tax position;  
  • Work in relation to the Estate’s administration period tax position;   
  • Work in relation to any capital gains tax arising from the sale of shares or property;  
  • The sale or transfer of any property in the estate; and  
  • Administering and advising on any trust arising from the Will or otherwise.  

Please do not hesitate to contact us if you would like to discuss your requirements in more detail.

Drop us a line, give your local office a call, or pop in to book an appointment, to start with a completely confidential, discreet conversation.

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