Wills and Probate
While no-one likes to think of their own mortality, let us help you get your “ducks in a row”. We provide a sensitive and straightforward approach in relation to the following areas:
FAQs
Are there different types of Powers of Attorney?
Yes – there are three different types; Enduring, Lasting and Ordinary. Enduring Powers of Attorney are Powers of Attorney which were in place before October 2007.
What is a Deputy?
A Deputy is appointed by the Court of Protection to make decisions on behalf of someone who has lost or lacks capacity to make decisions for themselves.
What is a Will?
A Will is a legal document which sets out your instructions for what you want to do with your assets and property when you have passed away. It also sets out who should look after any children that you have who are under 18 years when you have passed away.
Why would I want to set up a Trust?
Trusts are used to protect assets for a number of reasons, eg:
- For beneficiaries who are unable to manage their own affairs
- To protect compensation in personal injury or clinical negligence claims
- To specify your share in a property
- To protect assets for the family
- To mitigate capital gains tax or inheritance tax
- To ensure that a beneficiary continues to receive means tested benefits.
Will I need a Grant of Probate to deal with probate?
Not necessarily. Not all estates will need a Grant of Probate. It depends on the assets in the estate. If there is a property which will change hands, then a Grant is always required. If there is no property, then the financial organisations will determine whether a Grant is required and it will depend on how much that organisation holds for the person who has passed away. If one organisation needs to see the Grant of Probate, then it is often the case that they will all need to see it then.
How much does Probate Cost?
We offer two options for Executors:-
i) We can obtain the Grant of Probate for you for a fixed fee; or
ii) We can apply for the grant and administer the Estate which is charged based on the amount of time it takes for the work to be completed.
The two options and the associated costs are outlined below. These are the costs of your legal adviser doing the work for you, VAT and “disbursements”. Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.
At no cost to you, where we are not appointed as Executors in the Will, we offer a free 30 minute meeting with a legal adviser to establish which option is best for you and to give you a bespoke estimate. No advice is provided during this meeting but it may be useful if you do not know how much legal assistance you need. This meeting comes with no obligation to instruct us.
GRANT OF PROBATE ONLY
(Not including obtaining probate valuations)
This includes assessing the assets and liabilities of the Estate obtained by you, completing the necessary Inheritance Tax forms and then applying to the court for the grant of probate. Disbursements are noted in italics
Our fixed fee £950
VAT £190
Court fee £300 (plus £1.50 per sealed copy of Grant of Probate)
Total £1440 (+ Bankruptcy Search fee for the deceased £2.40)
If you wish to obtain the probate valuations for you, or report the estate to HM Revenue & Customs using the IHT400 forms, our fixed costs will increase to £1,350 + VAT (but disbursements will remain the same)
FULL ADMINISTRATION OF THE ESTATE
We charge based on the time spent working on your matter. Each legal adviser has their own hourly rate and this will be confirmed to you at the beginning of your matter. As a guide, this is between £195 + VAT and £250 + VAT. The typical total costs are outlined below.
The exact cost will depend on the individual circumstances of the matter. For example, if there is one beneficiary and no property, costs will be at the lower end of the range. If there are multiple beneficiaries, a property and multiple bank accounts, costs will be at the higher end. Disbursements are noted in italics
Our estimated fees £3,000 – £6,000
VAT £600 – £1,200
Court fee £300
Copy Grant (+£1.50 per copy)
Bankruptcy search (for each Beneficiary for each distribution) £2.40
Bankruptcy search (for the deceased) £2.40
Total £3,906.30 – £7,206.30 *
(* assuming 2 Executors, 1 Will, no codicils and 1 beneficiary)
We will handle the full process for you. This estimate is for Estates where:
- There is a valid Will
- There is only one property
- There are no claims of any nature made against the Estate
- There are no more than 4 beneficiaries
- There are no Inheritance Tax implications and a full account to the revenue is not required
- There are no other intangible assets
- There are no disputes between beneficiaries on division of assets. If disputes arise this is likely to lead to an increase in costs
Accreditations and Affiliations
Any solicitor can say they are experienced in what they do. We go the extra mile to demonstrate our expertise. Many of our lawyers have undertaken independent assessments of their knowledge and skills. Our accreditations give you the assurance that you are dealing with a specialist.
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