Wills and Probate

Wills and Probate

Please find below an overview of the costs involved with the process of administering an Estate. As each estate is individual, these costs are indicative. We would tailor our service to suit your individual needs and requirements. For more information about the services that we offer and our prices, please contact Victoria Armour who will be happy to provide you with more information.

Applying for the grant, collecting and distributing the assets for a simple average estate

We anticipate this will take between 10 and 20 hours work at £275.00 per hour. Total costs estimated at £2,500 – £5,000 (+VAT).

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.

We will handle the full process for you. This quote 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 1-5 beneficiaries

• There are no disputes between beneficiaries on division of assets. If disputes arise this is likely to lead to an increase in costs

• There is no inheritance tax payable and the executors do not need to submit a full account to HMRC

• There are no claims made against the estate

Disbursements may include:

• Probate application fee of £273

• Bankruptcy-only Land Charges Department searches (£2 per beneficiary)

• £300-£400 Statutory Notices – Protects against unexpected claims from unknown creditors

• Asset search £190

• Certainty Will search £60-126

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.

Potential additional costs

• If there is no will or the estate consists of any share holdings (stocks and bonds) there is likely to be additional costs that could range significantly depending on the estate and how it is to be dealt with. We can give you a more accurate quote once we have more information.

• If any additional copies of the grant are required, they will cost £1.50 (1 per asset usually).

• Dealing with the sale or transfer of any property in the estate is not included.

How long will this take?

On average, estates that fall within this range are dealt with within 6-8 months. Typically, obtaining the grant of probate takes 9-12 weeks. Collecting assets then follows, which can take between 12-26 weeks. Once this has been done, we can distribute the assets, which normally takes 26-32 weeks.

Applying for the Grant of Probate or Letters of Administration only

Usually, we are able to offer a fixed fee of £1,200 plus VAT for estates which are worth less than £325,000 or where most or all of the estate (if it exceeds £325,000) are passing to a surviving spouse.

As part of our fixed fee we will:

• Provide you with a dedicated and experienced probate lawyer to work on your matter

• Review the documentation that you provide to us

• Identify the legally appointed executors or administrators and beneficiaries

• Accurately identify the type of Probate application you will require

• Complete the Probate Application and the relevant HMRC forms on your behalf and send them to you for signing

• Make the application to the Probate Registry on your behalf

• Obtain the Probate and securely send the sealed copies to you

We will not: –

• Contact any organisations to whom money is owed or which owes money to the estate and/or collect in or handle any monies on behalf of the estate except where we need to pay or be paid fees.

In addition, there would be the same disbursements as listed above.

How long will this take?

On average, once the executor has provided us with the required information, it will take us about 2-3 weeks to prepare the application.

We would typically expect to receive the Grant of Probate or Letters of Administration from the Court within 12-16 weeks.

Business to Business debt where the amount is undisputed

Court Claims

These costs apply where your claim is in relation to an unpaid invoice which is not disputed and enforcement action is not needed. If the other party disputes your claim at any point, we will discuss any further work required and provide you with revised advice about costs if necessary, which could be on a fixed fee (e.g. if a one off letter is required), or an hourly rate if more extensive work is needed.

Anyone wishing to proceed with a claim should note that:

• The VAT element of our fee cannot be reclaimed from your debtor.

• Interest and compensation may take the debt into a higher banding, with a higher cost.

• The costs quoted above are not for matters where enforcement action, such as the bailiff, is needed to collect your debt.

Our fee includes:

• Taking your instructions and reviewing documentation

• Undertaking appropriate searches

• Sending a letter before action

• Receiving payment and sending onto you, or if the debt is not paid, drafting and issuing claim

• Where no Acknowledgment of Service or Defence is received, applying to the court to enter judgment in default

• When Judgment in default in received, write to the other side to request payment

• If payment is not received within 28 days, providing you with advice on next steps and likely costs

Matters usually take 2 – 12 weeks from receipt of instructions from you to receipt of payment from the other side, depending on whether or not it is necessary to issue a claim. This is on the basis that the other side pays promptly on receipt of Judgment in default. If enforcement action is needed, the matter will take longer to resolve.

We can offer a “No Win No Fee” Agreement subject to the facts of your case.

However, our pricing for bringing and defending claims for unfair or wrongful dismissal if paying privately are as follows:

Simple case: £2500 – 3500 excluding VAT and disbursements

Medium complexity case: £5000 – 8000 excluding VAT and disbursements

High complexity case: £10000 – 25000 excluding VAT and disbursements

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as court fees. There is no fee in the Employment Tribunal. We handle the payment of the disbursements on your behalf to ensure a smoother process.
Counsel’s fees estimated between £750 to £1500 plus vat per day (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation)

How long will my matter take?

The time that it takes from taking your initial instructions to the final resolution of your matter depends largely on the stage at which your case is resolved. If a settlement is reached during pre-claim conciliation, your case is likely to take 4 – 6 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 26 – 52 weeks. This is just an estimate and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.