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 beneficiaries 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 are the amount you will be required to pay for all of the work performed by us in actioning your instructions, from the commencement of your case to the conclusion.
For some types of work, we can offer you a fixed fee. This is where we believe that most of the information we need will be known at the outset. These costs are set out in the fixed costs menu below.
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Please note the following regarding all fixed costs stated below:
• All prices are starting from. Once we have met with you and have taken full instructions, our fees for dealing with your matter may be more than that stated below if additional work is required or if the issue is more complex than usual. For example, if a letter of wishes needs to be prepared, in addition to your Will, then additional charges may apply.
• All prices are exclusive of VAT. VAT will be added at the current rate (presently 20%)
• If we are required to meet with you away from the office (for example, at your own home), then additional charges may be made.
• Travelling expenses are charged at 45p per mile plus VAT (total 54p per mile).
• *The fixed fee for a grant only applications: this is only for estates that are not taxable; where an IHT205 form (only) is required to be completed and where all necessary information (and evidence thereof) relating to the assets and liabilities of the estate has been ascertained by you. All other cases will be dealt with in accordance with our hourly rate (see our administration of estate client care/costs letter)
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E.g. general advice concerning care fees, general advice regarding the administration of a deceased estate.
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(Provided the matter does not turn contentious)
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Where we do not know all the details relating to your matter (for example, in administering a deceased person’s estate from start to finish which will involve us in investigating and ascertaining assets liabilities and even beneficiaries of the estate), our charges will be calculated according to the time spent by partners, solicitors and legal staff in dealing with the estate.
For meetings, discussions and other work progressing the administration of the estate, the hourly charging rates (excluding VAT) of our Solicitors and legal staff are:
VAT will be added at the current rate (presently 20%)
If less than one hour is involved, we calculate the time spent in units of six minutes. (One six minute unit equals 10 per cent of the hourly rate).
• Telephone calls and letters are treated as follows:
• Telephone calls (made and received by us) are recorded in units each of six minutes;
• Short and routine letters (written and received, including faxes and emails) are counted as six minutes each
We will handle the entire process for you.
Below we detail what services are covered in our standard fee and any likely disbursement costs.
As a general guide, our average standard legal fee for an uncontested probate matter, for a full-service administration of an estate including property is from £4000.00 plus VAT – £6000.00 plus VAT (a total cost of £4800.00 – £7,200.00 Inc. VAT) plus Disbursements.
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 the bank or building society accounts.
• There are no other intangible assets.
• There are 1 – 2 beneficiaries.
• There are no disputes between beneficiaries on the 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 complete 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:
1. The transaction is concluded in a timely manner, and no unforeseen complications arise.
2. All parties to the transaction are cooperative, and there is no unreasonable delay from any parties providing documentation.
The cost of administering a deceased person’s estate will depend entirely on the individual circumstances of the matter and the amount of work we are required to undertake on your behalf.
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, prices will be at the high end.
Also, costs will be lower if there is a valid Will, no more than one property, no more than two bank or building society accounts, one or two beneficiaries, no disputes between beneficiaries, no claims against the estate, no Inheritance Tax payable. The executors do not need to submit a full account of the estate to H.M. Revenue & Customs.
Costs are likely to be higher if there is no Will if the estate holds any stocks and shares, if there are any foreign assets, or if Inheritance Tax is payable.
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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 complete 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 *£300 Inc. VAT with £1.50 Inc. VAT per office copy of the grant
• Bankruptcy-only Land Charges Department searches (£6 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)
• A newspaper close to where the deceased lived – This also helps to protect against unexpected claims. From £150 – £200+VAT (£180.00 – £240 Inc. VAT)
• Electronic money transfer, £25.00 (inc. VAT)
• *This fee is £215 if an individual makes the probate application
How Long Will This Take?
On average, estates that fall within this range are dealt with within 6 – 12 months.
Typically, obtaining the grant of probate takes two months – Due to delays at the probate registry, currently, it is taking up to 2 to 3 months for a grant of probate to be issued by the Court from the point the papers are lodged with them.
Typically, collecting assets which then follows, can take about three months. Once this has been done, we can distribute the assets, which usually takes around six months.
Stages Of The Process
The precise stages involved in 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 identify 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.
• Drafting the Legal Statement.
• Making the application to the Probate Court on your behalf.
• Obtaining the probate and any official copies needed.
• Collecting and distributing all assets in the estate.
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Further potential costs may arise where: –
• If there is no will or the estate consists of any shareholdings (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 the will creates a Trust, there may be additional costs associated with setting up the Trust.
• Dealing with the sale or transfer of any property in the estate is omitted. Please see our conveyancing fees or contact us for further information.
• Discovery of additional assets in the administration period
• Notice of any claim against the estate
• For dealing with the assent of property – from £750 plus £100 VAT (£850 in total)
• For preparing a Deed of Variation (if required) – from £500 plus £100 VAT (£600 in total)
Fee Earners
The following fee earners handle Uncontested Probate matters:
Our Probate Team consists of Kelly Hurst, Head of the Wills & Probate Department, Sharon Rowley Legal Executive and Yvonne Nordass Solicitor all based at our Stourport office and Paul Rowley Associate and David Emery-Jones Senior Associate based at our Kidderminster office. Details of their background and experience are available in the “Our Team“ section.
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Any work outside these fixed costs are chargeable at fee earner's hourly rate currently £275 + VAT.
Please ensure pre-appointment letter is sent advising fixed fee meeting costs £275 + VAT will be charged if client does not proceed with fixed fee work.
Almost every individual needs expert legal advice at some point in their lives. If you are in a situation where you need legal advice, you should know that Painters Law has an outstanding reputation, delivering timely and premium-quality legal solutions for individuals for more than 70 years.
At Painters Law we are aware that it is important to you to have the right experts managing the legal issues that affect you. All the solicitors at PL have vast experience in every area of law that we undertake including property law, consumer law, litigation, wills, trusts and probate, family law and much more.
Our solicitors follow the latest trends and changes in the legal sector and we have access to a network of experts which we can call upon for specific cases are supported by and excellent and up to date IT infrastructure and equally skilled support staff.
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