Probate solicitors fees
We think it is essential for clients to have a choice about the amount of support and advice they receive from us. Our probate costs will depend on the amount of that support.
Our expertise
We can advise on:
- interpreting the Will
- the scope of executors' duties and responsibilities immediately following death, and any limitations
- the law of intestacy in the absence of a Will, including the rules of distribution of the estate and who is entitled to apply for a grant of representation
- any trusts arising under the Will or on intestacy, including advising the trustees on their on-going fiduciary duties
- what happens if specific items given in the Will no longer exist or have changed in description
- how to deal with personal belongings including if there is a letter of wishes, and immediate steps to be taken to preserve any property in the estate (including maintaining insurance cover)
- dealing with investment properties and any tenants in occupation working in conjunction with our property lawyers
- the deceased's tax position, particularly if the estate includes any business assets working alongside our corporate and tax lawyers
- the disputes that can arise out of wills and estates. Our contentious probate lawyers provide this specialist legal advice and guidance
- issues of domicile, liaising with lawyers in other jurisdictions, should additional grants of representation be required to deal with assets held overseas
- drafting deeds of variation to enable beneficiaries to divert an inheritance from their own estate, to others.
Our services
The administration of an estate consists of two stages:
- obtaining the grant of representation
- post grant work.
Our work to obtain the grant of representation is likely to include the following steps:
- meeting with you to go through the terms of the Will, or explain the intestacy provisions if there is no Will
- identifying the extent of the estate, the assets and liabilities and ascertaining their value in accordance with HMRC's requirements, for inheritance tax purposes (including any charges on properties)
- arranging for personal belongings to be valued
- corresponding with HMRC to confirm the income tax position up to the date of death and computing final lifetime tax returns, if required
- investigating and considering any available inheritance tax reliefs that may be applied to the estate
- preparing the appropriate oath for executors/administrators
- securing the property and ensuring that buildings insurance is maintained
- drafting the appropriate inheritance tax return forms
- arranging for payment of inheritance tax
- submitting statutory notices to notify creditors of the death
- submitting the application to the Probate Registry and receiving the grant.
The post-Grant work is likely to include:
- selling or collecting in all assets
- settling all liabilities
- finalising the inheritance tax liability and advising on any instalments of tax to be paid
- completing administration income tax/capital gains tax returns
- registering an estate as a 'complex estate' with HMRC
- producing full estate accounts for approval
- advising on the distribution of the estate, including on interim distributions.
Additional services
The costs set out above do not include the following services, and we can provide a separate fee estimate for these services, if required:
- selling any flat or house in the estate
- administering a trust arising out of the will
- any contentious aspects of the administration
- advising on any deed of variation to vary the terms of the Will
- assisting with any 'compliance check' (audit) of the estate by HMRC.
For estate administration advice from experienced probate solicitors, please contact Rachael Armstrong on 0121 227 3726.
Solicitors must be used to dealing with the ups and downs, chops of changes that can occur during a lifetime. It would be easy to become hardened to these things when dealing with client.... I remain all the more thankful to have been advised by a caring executor and a caring firm who have made it their business simply to meet the deceased's wishes.
- Private Client quote
- Allan Cameron