Introduction

As part of our professional rules, we aim to ensure that anyone using our services has the information they need to make an informed choice of legal services provider, including understanding what the costs may be.

Why instruct Peter Dunn Solicitors?

At Peter Dunn Solicitors we offer a friendly and efficient service in helping you to plan for the future and our approach to clients is one of friendliness and efficiency. Our services include advice about preparing a Will, creating a Lasting Power of Attorney, estate planning or the creation of Trusts. We are also able to assist with estate administration after a loved one has died. We understand that this is a very difficult time and our aim is to make the administration of an estate as easy for our clients as possible. We are regularly instructed by executors to administer and distribute estates or the firm itself is appointed as the executor.

Occasionally clients feel comfortable distributing the estate themselves and seek our assistance in obtaining the Grant of Probate only. We can also help in situations when someone dies without a Will or where a Will has not been located. The administration of an estate in these circumstances is often more complicated but it is our aim to make this as straightforward for you as possible.

Likewise, we are also highly experienced in dealing with Inheritance Act claims and in circumstances where the validity of a loved one’s Will is in dispute. We offer a committed service and strive to provide grounded and robust advice to ensure that you do not enter into any unnecessary proceedings.

To assist our clients, we have set out below an indication of the likely costs involved in Probate matters along with an indication of the timescales.

Our Probate Team

Our Probate Team consists of Ann Marie Lee, who is the Head of Department, Chloe Conway Hind and Alexandra Tindale. Any disputed matters would usually be handled by Andrew Tilbury.

Full Estate Administration – Applying for the grant, collecting and distributing the assets

What the service includes

We will:

• Provide you with a dedicated and experienced probate solicitor to work on your matter
• Identify the legally appointed executors or administrators and beneficiaries
• Accurately identify the type of Probate application you will require
• Obtain the relevant documents required to make the application and liaise with all relevant organisations
• Complete the Probate Application and the relevant HMRC forms
• Make the application to the Probate Court on your behalf and obtain the Grant of Probate
• Deal with closure of accounts, collect in estate funds and pay any liabilities
• Pay any legacies left in the Will (if appropriate)
• Prepare an Estate Account and distribute the estate to the residuary beneficiaries

Anticipated charges and expenses

It is difficult to give an indication of the exact costs since this will depend on the individual circumstances of the matter. Costs are charged at an hourly rate of between £180.00 and £220.00 depending upon the solicitor dealing with the matter. Costs are subject to VAT.

We would endeavour to give you an estimate of the costs once we know the circumstances of the estate. For example, a relatively straight forward estate with only 2 or 3 bank accounts or investments to cash and a Will leaving everything to children would incur costs of approximately £720-£960 including VAT. If there are any complex factors, such as multiple or missing beneficiaries, overseas assets, multiple bank accounts and investments and/or a share portfolio then costs will be significantly higher.

Costs will also be higher if the estate is subject to Inheritance Tax and a full account needs to be submitted to HMRC.

If there are any disputes or claims made against the estate then this will lead to increased costs.

In addition to legal fees, there are certain expenses which you will be required to pay. These may include:

• Probate Court fee of £273.00 plus £1.50 for each additional sealed copy of the Grant of Probate (usually 1 per asset)
• Bankruptcy searches (£2.00 plus £0.40p VAT per beneficiary)
• Advertising fees – recommended to ensure that the executors have no personal liability after distributing the estate

Please note that there will be additional charges for dealing with the sale or transfer of any property.

How long will this take?

It is difficult to estimate with any precision how long a Probate matter will take as it will be influenced by many factors, some of which are outside of our control. We would expect however that a straight forward estate, not subject to Inheritance Tax, would take between 6-9 months. Again this does not include the sale of any property.

Probate – Application for Grant only

What the service includes

We will:

• Provide you with a dedicated and experienced probate solicitor to work on your matter
• Identify the legally appointed executors or administrators and beneficiaries
• Accurately identify the type of Probate application you will require
• Obtain the relevant documents required to make the application and liaise with all relevant organisations
• Complete the Probate Application and the relevant HMRC forms
• Make the application to the Probate Court on your behalf and obtain the Grant of Probate and any sealed copies you require

Anticipated charges and expenses

In circumstances where our role is limited to obtaining the Grant of Probate, we can usually offer a fixed fee of £500.00 plus VAT of £100.00 making a total of £600.00.

You will also be responsible for the Probate Court fee which is currently £273.00 and £1.50 for each additional sealed copy of the Grant (usually 1 per asset).

Please note that there will be additional costs if it is necessary to prepare a full IHT account and we can provide a more accurate quote upon receipt of further information.

How long will this take?

It is difficult to give an estimate of how long such a matter will take but, on average, an application will be submitted to the Probate Registry within 3-6 weeks of receiving the information. The Probate Registry’s timescales can fluctuate anywhere between 4-8 weeks.

Updated: January 2021