WHY CHOOSE US?
At Marc White & Co we have many years’ experience of handling probate and inheritance claims.
Our team of personal lawyers will support you with all your needs and explain clearly and concisely the processes and costs involved.
Probate
Probate is a grant of representation’ and gives you the legal right to deal with someone’s property, money and possessions (their estate) after they die. Working with you, we can arrange for collection of an estate’s assets, pay any debts including Inheritance Tax, and distribute any property, money or possessions to beneficiaries.
For much of the work we undertake we offer a fixed fee. This is where the work is quantifiable from the outset, such as when we are preparing documentation for you, such as a Will or Lasting Power of Attorney.
For work that is not carried out on a fixed fee, we charge an hourly rate, so the total amount you will pay will depend on who works on your matter and how long it takes. We will provide you with an estimate of total charges from the outset, as well as regular costs updates, so that you always know where you stand.
Inheritance Act Claims
The Inheritance (Provision for Family and Dependants) Act 1975 helps to provide further financial provision for those who have not inherited as a result of intestacy (where there is no Will), have been left out of a Will entirely, or have not been left as much as they need.
In a case where reasonable financial provision has not been made, the Inheritance Act enables the court to vary the distribution of the deceased’s estate for certain family members and dependants. Anyone else claiming under the Inheritance Act is entitled to such reasonable financial provision as is necessary for their maintenance, insofar as the estate can provide it.
We regularly act for clients who want to bring or defend Inheritance Act claims. We are also very experienced in assisting in situations where the parties agree that the provisions of a Will need to be altered but need help in working out the details. This is particularly common where children are involved or where there are issues regarding potential tax consequences. Whatever the Inheritance Act issue, we have the experience and knowledge to help you.
EXPERT LEGAL ADVICE
Our Wills & Trusts Experts
Kate Rutherford
Private Client Solicitor and Head of Probate
Hamza Guidaji
Probate Solicitor
Kim Davies
Legal Assistant
Lydia Perez
Probate Paralegal
HOW WE CHARGE
Our charges for Probate Work
For much of the work we undertake here at Marc White & Co Solicitors, we offer a fixed fee. This is where the work is quantifiable from the outset, such as when we are preparing documentation for you, such as a Will or Lasting Power of Attorney.
For work that is not carried out on a fixed fee, we charge an hourly rate, so the total amount you will pay will depend on who works on your matter and how long it takes. We provide an estimate of total charges from the outset, as well as regular costs updates, so that you always know where you stand.
To receive more information about our charges that is tailored to your individual needs, please get in touch
Below is an illustration of how we charge for Probate and the Administration of Estates after someone has died.
(1) Cost Illustration for Obtaining a Grant of Representation Only:
Our Grant of Probate Only service includes either the preparation of a reduced Inheritance Tax Form (IHT205) for excepted estates, or the full Inheritance Tax form (IHT400 and Schedules) for more complex estates. This also includes preparing and submitting the application to the Probate Registry to obtain the Grant. This service requires you to supply the relevant figures and information and we take care of the forms for you to review and sign. We then submit the application on your behalf.
Once obtained, the Grant will be sent to you, so that you can carry out the administration of the estate.
Fees start from £2,000 plus VAT and expenses.
(2) Cost Illustration for full Estate Administration service:
Our full Estate Administration service includes either the preparation of a reduced Inheritance Tax Form (IHT205) for excepted estates, or the full Inheritance Tax form (IHT400 and Schedules) for more complex estates. This includes preparation and submission of the application to the Probate Registry to obtain the Grant.
Unlike with our Grant Only service, we will contact all asset holders and creditors, to establish the value of the estate. We then prepare and submit the Grant application on your behalf. On receipt of the Grant, we will handle the administration of the estate, including closing or transferring accounts and investments, finalising the tax position, producing estate accounts for the beneficiaries and distributing the estate in accordance with the Will or Intestacy Rules.
Each estate is unique in its assets, beneficiaries, and other aspects. However, as a guideline, for a simple estate (e.g. a house worth £200,000 and two bank accounts with a combined value of £40,000, being left in a Will to two children where there is no conflict), our fixed fee would be £4,300 plus VAT and expenses.
Timescales are heavily linked to those of HMRC and the Probate Registry, however, we would expect a straightforward estate to be administered within 12 to 18 months.
This illustration is for estates where:
- There is a valid Will
- There is no more than one property
- There are no more than 3 bank or building society accounts
- There are no other intangible assets
- There are no more than 3 beneficiaries
- There are no disputes or claims
This illustration is not for estates where:
- The person who has died was domiciled abroad or where there are foreign assets
- There is more than one property
- There are business or agricultural properties
- There are intangible assets
- Beneficiaries need to be traced
- There are more than 3 beneficiaries
- Claiming the residence nil rate band or the application to transfer the nil rate band and/or residence nil rate band
- Completion of income tax returns or formalities
- Capital gains tax advice and returns
- Trusts
- There are disputes or claims
Where there are a large number of assets to be managed, complexities of international elements, business or unusual assets, or a large number of beneficiaries to be verified, it can take much longer.
To handle the full administration of an estate worth in excess of £2,000,000 with multiple properties and financial assets, our fixed fee can be up to £35,000 plus VAT and expenses.
Timescales are heavily linked to those of HMRC and the Probate Registry and also depend on how long it takes for property to sell, however, complex estates generally take at least 12 to 24 months to be administered.
We offer a free initial meeting in all Probate matters to establish what work needs to be done and to enable us to provide a fixed fee quote based on the circumstances, so that you know what our total costs will be from the outset.
Key Stages for Full Estate Administration are:
- Will/intestacy verification
- Full asset and liability enquiries
- Information gathering and valuations
- Calculating and paying inheritance tax and preparation of the relevant inheritance tax return
- Preparing and applying for the Grant of Representation (Probate or Letters of Administration)
- Collecting in assets and paying debts
- Finalising the tax position (inheritance tax, income tax and capital gains tax)
- Preparation of full estate accounts
- Finalising and distributing the estate
Expenses (applicable to both (1) and (2):
These are always charges payable to third parties and the most common expenses are:
- Probate application fee – £300 (or £0 where the net value of the estate is below £5,000)
- Court sealed copies of the Grant – £1.50 each
- Sealed and certified copy of the Grant – if assets are held abroad you may need one of these – £1.50 each
- HM Land Registry – Office Copies for each property, if required – £3.00 each. This will increase to £7 from 9th December 2024
- Placing s.27 legal notices, or obtaining insurance in their place – approximately £300
- Bankruptcy Searches – £2 per executor and beneficiary
- National Will Register search – £105 plus VAT
- Financial Asset Search (strongly recommended in taxable estates) – £195 plus VAT
There may also be other expenses, such as those associated with valuing assets such as property and shares. We will always request your authority before incurring any expenses on your behalf.
VAT- All our charges are subject to VAT at 20%.
If you are outside scope of UK VAT though, you may not need to pay this.