Legal Fee Information for Uncontested Probate

Introduction

Probate is the court-supervised process of gathering a deceased person’s assets, paying debts and taxes, and distributing what is left to those who are named as inheritors, in the Will.

Uncontested probate is where there is no dispute over the Will and distribution of assets.

Below we provide you with information on our Legal Fees, disbursements, and the length of time it will take to complete your matter.

Legal Fees

Legal Fees are the amount you will be required to pay for all of the work performed by us in actioning your instructions, from commencement of your case to conclusion.

• Grant of Probate only – For an application for Grant of Probate and to submit the inheritance tax form (form IHT205) only, our average standard legal fee is fixed at £1000.00 plus VAT (£1200.00 Inc. VAT).
o We will prepare the necessary Inheritance Tax documents and Probate application form based on the information provided. The Personal Representative will be required to obtain probate statements for any bank accounts, valuations of any property and details of any liabilities.

• Full Uncontested Probate – Our average standard legal fee for an uncontested probate matter, for a full-service administration of an estate including a property is fixed between £1500.00 – £2500.00 plus VAT (£1800.00 – £3000.00). + Disbursements

Below we detail what services are covered in our standard fee and any likely disbursement costs.
• Should your instructions require us to take your matter out of the fixed fee rate (see below for what our fixed fee covers) we will charge an hourly rate of £200.00 plus VAT (£240.00 Inc. VAT) which will depend on the experience and qualification of the case handler as follows: –
o Partner – £200.00 plus VAT (£240.00 Inc. VAT)
• We will charge the sum of £35 plus VAT (a total of £42.00 Inc. VAT) for Electronic Money Transfers.
• VAT will be payable on our fees and most disbursements, and we will clearly confirm which disbursements carry VAT in our formal quotation or as we advise you to incur them.
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.

Our Standard Fee estimate above is for estates where: –

• There is a valid will.
• There is no more than one property.
• There is no more than £325,000.00 in bank or building society accounts.
• There are no other intangible assets.
• There are 1 – 2 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.
• There is no tax clearance awaited for either inheritance or income tax.

If at any stage our fees change, we will notify you and discuss the reason for any changes. This would typically occur if you change your instructions or your case involves an unforeseen complexity.

Our average fees assume that:

a) The transaction is concluded in a timely manner and no unforeseen complication arise.
b) All parties to the transaction are co-operative and there is no unreasonable delay from any
parties providing documentation.

Disbursements and other costs

Disbursements are costs related to your matter that are payable to third parties. We handle the payment of the disbursements on your behalf, to ensure a smoother process.
You will be provided with a full list of disbursements in our formal quotation. If you need to incur any further disbursements during your case, you will be notified in advance of the reason and the amount.

Typical disbursements will include: –

• Probate application fee of £273 with £1.50 per office copy of the grant
• Bankruptcy-only Land Charges Department searches (£2 per beneficiary)
• Placing Section 27 Trustee Act Notices in The London Gazette – Protects against unexpected claims from unknown creditors. From £100+VAT (£120.00 Inc. VAT)
• Newspaper close to where the deceased lived – This also helps to protect against unexpected claims. From £150 – £200+VAT (£180.00 – £240 Inc. VAT)

How long will this take?

On average, estates that fall within this range are dealt with within 4 – 6 months.

Typically, obtaining the grant of probate takes 3 months.

Collecting assets then follows, which can take between 1 – 2 months. Once this has been done, we can distribute the assets, which normally takes 1 month.

Stages of the Process

The precise stages involved in an uncontested probate vary according to the circumstances. We have set out the key stages of a standard transaction:

• Providing you with a dedicated and experienced probate solicitor to work on your matter.
• Undertaking regulatory checks.
• Identifying the legally appointed executors or administrators and beneficiaries.
• Accurately identifying the type of Probate application you will require.
• Obtaining the relevant documents required to make the application.
• Completing the Probate Application and the relevant HMRC forms.
• Making the application to the Probate Court on your behalf.
• Obtaining the Probate and securely send two copies to you.
• Collecting and distributing all assets in the estate.

Potential additional costs

Further potential costs may arise where:

• 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).
• If the Will creates a Trust, there may be additional costs associated with the setting up of the Trust.
• Dealing with the sale or transfer of any property in the estate is not included. Please see our conveyancing fees or contact us for further information.
• For dealing with the assent of a property – £250 plus VAT (£300 Inc. VAT)
• For preparing a Deed of Variation (if required) – £450 plus VAT (£540 Inc. VAT)

Questions

If you have any questions relating to our services and our fees, please contact us on 01920 466 696 or email us at [email protected].

Solicitors

The following Solicitors handle Probate matters at Winters & Co Solicitors:
1. Richard Winters, a Partner, who has over 35 years experience in the legal sector, having qualified in 1980.