Solicitors: Fees Grant of Probate ONLY (in England and Wales).
The next step up from DIY Probate is to ask one of our recommended lawyers to help you to sort out the paperwork and obtain the Courts permission for you to collect in the assets, pay the bills and then pay out the beneficiaries. In most cases, there is no need to employ an expensive solicitors’ practice. Where there are people likely to cause trouble (and say you have “done them out of” their share), we would recommend one of the full-service offerings, so you can’t be blamed.
But where everyone is easy to deal with, just using our associate’s expertise to obtain the Court Grant of Probate and then doing the rest yourself can make a significant saving on probate solicitors’ fees. I should mention that their fees do not include Court Fees which are currently (22/3) £273 and you should always ask about additional third-party costs (the jargon is “disbursements“. These are costs that the lawyers may ask you to pay direct or just add to the final bill. Searching for unknown assets, building & contents insurance. valuations of property and shares, Land Registry Fees, accountants fees should tax returns be needed and many often trivial items can add substantially to the quoted fee. Our contacts keep these to a minimum, whereas some forms will charge for postage, with the time taken to record that cost being far more than the actual cost!
If you are getting your own quotes, watch out for a “responsibility allowance” on top of the hourly rate – it might triple the expected bill and is based on assets PLUS liabilities, so even a small net estate with a large mortgage can get a wildly disproportionate bill.
In all cases, an advance payment of £250 is required then interim monthly invoices are raised. All fees are recoverable from the estate as long as it has enough in it.
Back to DIY To More Complex estates To Full Bespoke Service Watch out for.
Fees for Straightforward Estates Probate Service .
Here the object is to obtain the Grant of Probate for a conventional estate with no Inheritance Tax or Trust issues based on the details of assets that you advise them of.
To keep costs down, you collect can in and distribute the assets. Of course, they can happily arrange this, but it will cost more. Remember though that YOU retain responsibility for incorrect information or distribution. Should you have family members who are likely to be unhappy, then it may well be better to let them handle the collection and distribution of the estate too.
Fees are plus third-party costs like Court Fees, search fees etc. If the estate turns out to be really simple and the asset holders helpful, it may well be less than £795 + third party costs such as probate registry fees of course!
Fees for More Complex Estates Probate Service (IHT 400 and schedules).
This is a ‘Grant Only’ service where you provide a list of the deceased’s assets and liabilities with their values as at the date of death and evidence in support of these figures. From these figures, the Oath and IHT 400 and prepared, send them to you for signing or swearing. On return they will be sent to the Probate Registry. The Grant will be obtained and sent to you, once the fees have been paid, so you can collect in the assets, pay the bills and distribute the estate.
Costs are a little higher as more senior staff will need to be involved at some stages, and plus third party costs.
We consider an estate to be ‘Standard’ where none of the following apply:
- gift out of income or
- substantial gifts within the last 7 years over £150,000. Or
- The deceased has set up a trust during their lifetime or was a life tenant or income beneficiary of certain trusts. Or
- The estate includes a business. Or
- There are foreign assets over £100,000 or foreign issues.
If any of the above apply, the Gold Probate Service is the right service for you.
A broad outline of the work which be may carried out for you is:
- Receiving a completed family tree and advising the next of kin where there is no Will of the relevant intestacy provisions;
- Being informed whether deceased was widowed or divorced and being supplied with details.
- Advising on any appropriate Deeds of Variation;
- Receiving a copy signed Will (if there is one).
- Receiving an ORIGINAL death certificate.
- Receiving List of Assets & Liabilities at the date of death and evidence in support.
- Arranging Notice to Creditors, if appropriate;
- Completing any inheritance tax forms and calculating and arranging payment of any inheritance tax due from the estate which can be made by instalments if appropriate;
- Preparing IHT 400 and supporting Schedules.
- Preparing the Oath for the Personal Representatives/Executors to swear;
- Making the application for Grant of Probate/Letters of Administration.
- Sending the Grant to you so you can collect in the assets and pay liabilities yourself and complete the administration of the estate yourself.
If you wish them to deal with the deceased’s Life Time Tax Return to date of death there will be an additional charge for each return (HMRC can go back 6 years)
Please note that this estimate is appropriate where an IHT 205 must be completed. If as the case continues it becomes clear that an IHT400 is required we will send you a new estimate.
Fees for Silver Probate Service (IHT 400 and up to 4 supporting schedules and Standard) Level 2.
This is again a “Grant Only’ service where you provide copy letters relating to the deceased’ assets, income and liabilities. Assets will include shares, investments, pensions, tax returns, tax references, state pensions, salaries, property details, foreign assets and any foreign income. From this information provided, we will then write to the institutions to find out the date of death balances due to or from the estate.
From the figures provided by the institutions, we prepare an Oath and IHT 400 and send them to you for signing or swearing. On return they will be send to the Probate Registry. The grant will be obtained and released to you, after payment of fees, so that you can collect in the assets and distribute the estate.
Costs (plus third party payments) based on a time estimate of (say) 8 -15 hours work at hourly rates, or at a fixed fee in some cases.
A ‘Standard’ estate is one where none of the following apply:
- gifts out of income. Or
- Substantial gifts within the last 7 years over £150,000. Or
- The deceased has set up a trust during their lifetime or was a life tenant or income beneficiary of certain trusts. Or
- The estate comprises a business. Or
- There are foreign assets over £100,000 or foreign issues.
If any of the above apply, the Gold Probate Service is the right service for you.
A broad outline of the work which needs to be carried out for you is:
- Receiving a completed family tree and advising the next of kin where there is no Will of the relevant intestacy provisions.
- Being informed whether deceased was widowed or divorced and being supplied with details.
- Advising on any appropriate Deeds of Variation.
- Receiving a copy signed Will (if there is one.)
- Receiving an ORIGINAL death certificate.
- Receiving all paperwork relating to assets & liabilities, pensions, life insurance, HM Revenue & Customs, Tax Returns (e.g. copy letters showing the address of each institution and account number.)
- Writing to the asset and liability holders of the estate informing them of the death and obtaining details of the financial position as at the date of death and compiling a schedule of the Assets and Liabilities of the estate.
- Preparing the Assets & Liabilities Schedule.
- Arranging Notice to Creditors, if appropriate.
- Completing any inheritance tax forms and calculating and arranging payment of any inheritance tax due from the estate which can be made by instalments if appropriate.
- Preparing IHT 400 and supporting Schedules.
- Preparing the Oath for the Personal Representatives/Executors to swear.
- Making the application for Grant of Probate or Letters of Administration.
- Sending the Grant to you so you can collect in the assets and pay liabilities yourself and complete the administration of the estate yourself.
- Receiving part payment in advance of £250 (then interim monthly invoices thereafter.)
If you wish us to deal with the deceased’s Life Time Tax Return to date of death there will be an additional charge for each return (HMRC can go back 6 years.)
Please note that this estimate is appropriate where an IHT 400 must be completed and no more than 4 supporting Schedules. If as the case continues it becomes clear that further IHT Schedules are required or the case is more complex than originally known then you will be sent a revised estimate.
APPENDIX 1
Silver Probate Service (IHT 400 and up to 4 supporting schedules and Standard) Level 2
GRANT ONLY:
This is a ‘Grant Only’ service where you provide copy letters relating to the deceased’ assets, income and liabilities. Assets will include shares, investments, pensions, tax returns, tax references, state pensions, salaries, property details, foreign assets and any foreign income. From this information provided, the lawyers will then write to the institutions to find out the date of death balances due to or from the estate.
From the figures provided by the institutions, they will prepare an Oath and IHT 400 and send them to you for signing or swearing. On return, they will be sent to the Probate Registry in order to obtain the Grant and send the grant to you, once the fees have been paid, so that you can collect in the assets and distribute the estate.
We can get you an estimate of costs if you contact us.
We consider an estate to be ‘Standard’ where none of the following apply to the estate:
- gift out of income or
- substantial gifts within the last 7 years over £150,000, or
- the deceased has set up a trust during their life- time or was a life tenant or income beneficiary of certain trusts, or
- the estate comprises a business or
- there are foreign assets over £100,000 or foreign issues.
If any of the above apply, our Gold Probate Service is the appropriate service for you.
A broad outline of the work we are to carry out for you is:
- Receiving a completed family tree and advising the next of kin where there is no Will of the relevant intestacy provisions;
- Being informed whether deceased was widowed or divorced and being supplied with details
- Advising on any appropriate Deeds of Variation;
- Receiving a copy signed Will (if there is one.)
- Receiving an ORIGINAL death certificate.
- Receiving all paperwork relating to assets & liabilities, pensions, life insurance, HM Revenue & Customs, Tax Returns (e.g. copy letters showing the address of the institution and account number.)
- Writing to the asset and liability holders of the estate informing them of the death and obtaining details of the financial position as at the date of death and compiling a schedule of the Assets and Liabilities of the estate;
- Preparing the Assets & Liabilities Schedule
- Arranging Notice to Creditors, if appropriate;
- Completing any inheritance tax forms and calculating and arranging payment of any inheritance tax due from the estate which can be made by instalments if appropriate;
- Preparing IHT 400 and supporting Schedules
- Preparing the Oath for the Personal Representatives/ Executors to swear;
- Making the application for Grant of Probate or Letters of Administration.
- Sending the Grant to you so you can collect in the assets and pay liabilities yourself and complete the administration of the estate yourself, once fees have been paid.
- Receiving part payment in advance of £250 (then interim monthly invoices thereafter)
If you wish the lawyers to deal with the deceased’s Life Time Tax Return to date of death there will be an additional charge for each return (HMRC can go back 6 years)
Any estimate is based on the information you provide. Please note that this estimate is appropriate where an IHT 400 must be completed and no more than 4 supporting Schedules. If as the case continues it becomes clear that further IHT Schedules are required or the case is more complex than originally known, then you will be sent a new estimate.
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