Probate and Estate Administration Services

Our Wills and Probate team is top ranked by prestigious client guide, Chambers and Partners.

We are also highly ranked by both Chambers and Partners and the Legal 500 for our skills in agriculture and rural affairs for our ability to efficiently guide farming and rural families through the Probate process.

The Legal 500 has also ranked us highly for our contentious Trusts and Probate service for our ability to help people find constructive and cost-effective solutions to Probate related disputes.

Many of our team are members of the Society of Trust and Estate Practitioners (STEP), an organisation of industry leaders in the field of family inheritance and succession planning. STEP is a vital qualification for experts in Probate and Estate Administration.

Some of our other accreditations and professional memberships include:

• The Private Client Section of the Law Society
• Solicitors for the Elderly – for our specialist skills in advising older people
• Dementia Friends and Dementia Champions – for our ability to support people living with dementia and their loved ones
• The Agricultural Law Association – in recognition of our expertise in advising farming and rural families
• The Association of Contentious Trusts and Probate Specialists (ACTAPS) – for our ability to handle complex Probate disputes, from disagreements over the way the Estate is being handled to inheritance disputes

For a full list of our qualifications and professional memberships, please visit our Accreditations page.

How long Probate will take will depend on your individual circumstances. For example, a straightforward Estate that consists of a bank account and a property may only take a few months. A more complex Estate consisting of things like multiple properties, businesses and farming assets will take longer.

There may be certain circumstances whereby you only require assistance in applying for and obtaining the Grant of Representation (Grant of Probate or a Grant of Letters of Administration). We are happy to help you through this difficult process by carrying out the work required for a fixed fee.

This type of application is usually only suitable where the deceased’s Estate is less than the nil rate band (currently £325,000) at the date of the deceased’s death, or may be valued at more than this but is not taxable for Inheritance Tax purposes. Please see below if you need to apply for a transferable Nil Rate Band.

Our fixed fee Probate application costs will be £850.00 plus VAT and disbursements. Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process. The cost of such disbursements may change over time, if the agencies that charge them raise or reduce them.

The likely disbursements will be a Probate court fee of £155.00 (additional copies are charged at £1.50 per copy).

Based on the above likely disbursements, the fee you will pay is £1,175.00 (this includes VAT) for one copy of the Grant.

In addition, to comply with Anti-Fraud Regulations, there will be a compliance fee to verify identity of £25.00 plus VAT per Executor.

On average obtaining the Grant of Probate takes two months.

These fees only relate to a non-taxable Estate. For our fees in respect of taxable Estates, please see our Full Probate Application and Administration of Estates section below.

You will need to:

• Provide a list of the assets and liabilities of the Estate with values as at the date of death.
• Provide the death certificate.
• Where appropriate provide the original Will.
• Deal with the post Grant Administration. This includes: the sale or transfer of the assets, payment of liabilities, preparation of Estate accounts and distribution to Beneficiaries.

We will:

• Provide you with a dedicated and experienced Probate lawyer to work on your matter.
• Accurately identify the type of Probate application you will require.
• Draft the appropriate Probate application form for Executor or Administrator (as appropriate).
• Prepare HM Revenue and Customs form IHT205.
• Arrange for the signing of the documents.
• Submit the application to the Probate Registry.
• Upon receipt of the Grant we will provide you with copies.

We will not:

• Undertake any verification of the asset values.
• Deal with any of the pre or post Grant Administration.
• Notify or contact any of the Beneficiaries.

Estates in excess of the Nil Rate Band – additional costs

If the deceased’s Estate is in excess of the nil rate band (currently £325,000) but below £650,000, and the deceased is a widow or widower or survived their civil partner then it may be possible to claim the transferable nil rate band.

Our fixed fee Probate application costs will be £950.00 plus VAT and disbursements. The likely disbursements will be a Probate court fee of £155.00 (additional copies are charged at £1.50 per copy). Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process. The cost of such disbursements may change over time, if the agencies that charge them raise or reduce them.

In addition, to comply with the Anti-Fraud Regulations, there will be a compliance fee to verify identity of £25.00 plus VAT per Executor.

When one party to a marriage or civil partnership dies and does not use up all of their Nil Rate Band the unused proportion can be claimed by the survivor’s personal representatives and added to the survivor’s Nil Rate Band.

If, when the first spouse or civil partner died, they did not use any of their own Nil Rate Band, then the Inheritance Tax form IHT217 may be completed in addition to the above form IHT205.

In order to do this you will need to:

• Provide a copy of the first deceased’s Will.
• Provide a copy of the first deceased’s death certificate;
• Provide a copy of any Grant of Representation taken out in the first deceased’s Estate.
• Provide a copy of any Deed of Variation of the first deceased’s Estate.
• Provide a copy of the marriage certificate.
• Confirm that the first deceased was domiciled (had their home) in the UK.
• Confirm that all of the first deceased’s Estate passed to exempt Beneficiaries (i.e. their spouse or charity).
• Confirm that the first deceased did not have jointly owned assets that passed to anyone other than the surviving spouse.
• Confirm that the first deceased did not make any gifts or other transfers during the seven years before they died. Also, confirm that they were not exempt from Inheritance Tax.
• Confirm that no claim for any Agricultural Property Relief or Business Property Relief was made. This can be either in relation to the first deceased’s Estate or any lifetime gifts made by them.
• Confirm that the first deceased did not make any gifts with reservation of benefit during their lifetime.
• Confirm that the first deceased was not a Beneficiary of a Trust.

We will:

• Provide you with a dedicated and experienced Probate lawyer to work on your matter.
• Complete form IHT217 on the basis of the information which you have provided to us. We will submit this to the Probate Registry with the IHT205 and appropriate Probate application form.

We will not:

• Be verifying any of the information which you provide to us.

This involves identifying the assets of the Estate, valuing the assets and liabilities, completing the Inheritance Tax return and appropriate Probate application form applying for the Grant of Representation, collecting in assets, settling liabilities from Estate assets and distributing the Estate to the Beneficiaries.

For the Administration of a simple Estate we would anticipate spending approximately 12 hours in dealing with matters at between £160.00 and £260.00 per hour plus VAT. Therefore, the overall costs (excluding disbursements, see below) are likely to be between £1,920.00 and £3,120.00 plus VAT.

In addition, to comply with the Anti-Fraud Regulations, there will be a compliance fee to verify identity of £25.00 plus VAT per Executor and Beneficiary.

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 towards the lower end of the range. If there are multiple Beneficiaries, a property and multiple bank accounts then costs will be at the higher end of the range.

This quote is for Estates where:

• There is a valid UK Will.
• There is no more than one freehold or leasehold property.
• There are no more than five bank or building society accounts.
• There are no other intangible assets, such as stocks and shares, Unit and Investment Trusts.
• There are between one and five Beneficiaries.
• There are no disputes between Beneficiaries or claims against the Estate.
• The Estate is not subject to Inheritance Tax.
• No Inheritance Tax Return is required to be prepared and sent to HM Revenue and Customs.

In addition to our fees and VAT the following disbursements may be incurred:

• Probate court fee of £155.00 (additional copies are charged at £1.50 per copy)
• Bankruptcy searches (for UK based Beneficiaries) £2.00 per Beneficiary. Please note that if a Beneficiary resides overseas the costs will be substantially greater.
• Lodging statutory notices under section 27 Trustee Act 1925. This protects you in your role as Executor or Administrator from claims from unknown creditors. These costs vary depending on the publication.

Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process and reclaim these from the Estate once the Grant of Probate is to hand. The cost of such disbursements may change over time, if the agencies that charge them raise or reduce them.

If the Estate is more complex than outlined above then additional costs may be incurred. This is likely to arise where:

• There is no valid Will.
• There is more than one freehold or leasehold property.
• There are more than five bank or building society accounts.
• The deceased held shares or Unit or Investments Trusts.
• The deceased held an interest in a business.
• There are substantial lifetime gifts or chargeable transfers which require tracing and investigation.
• An Inheritance Tax Account (such as IHT400) is required to be sent to HM Revenue and Customs.
• The Estate is liable to Inheritance Tax.
• The deceased was a Beneficiary of a Trust.
• There are disputes as to the validity of the Will, or between the Beneficiaries or claims made against the Estate.
• We are asked to finalise the deceased’s Income Tax and/or Capital Gains Tax position to the date of death and/or during the period of Administration.

In addition to the above, if we are asked to assist you with the sale or transfer of the deceased’s property then our Conveyancing team would be pleased to give you a separate costs estimate.

We also provide a service to those handling property as an Executor. Executors have many responsibilities, which may include the sale or transfer of a property.

To ensure that you do not encounter any problems with the sale or transfer of these properties we recommend investigating the title early on. There are cases of people inheriting property and then discovering there is a neighbourhood dispute, or physical defects in the property, or other matters which affect its value (and potentially the amount of Inheritance Tax payable). Similarly, finding out that there is a right of way through the property can substantially affect its value on sale, or could indeed cause the buyer to pull out. These problems can be costly and stressful. For more information please visit our Residential Property page.

Once you have provided us with full details of the assets and liabilities of the Estate we would anticipate obtaining the Grant of Probate within two to three months. However, the Administration could be delayed by the following factors:

• If there is a property to sell then it may not be possible to complete the administration until a buyer has been found and the sale successfully completed. This may take longer than the rest of the Administration.
• Also, Executors of an Estate have to be aware of and deal with any potential claims against it. For claims under The Inheritance (Provision for Family and Dependants) Act 1975, there is a period of ten months from the date Probate is issued during which time it is unsafe to distribute funds. Executors have to acknowledge and take the appropriate steps to deal with any such claims during this period. It is our firm’s policy to advise all Executors not to distribute funds to Beneficiaries before ten months have elapsed from the date of the Grant of Probate. The Executors may fully appreciate that the likelihood of any such claims is very remote but failure to take notice of this can leave them personally liable if such a situation arose. The Executors may consider, in appropriate circumstances, obtaining indemnities from the Beneficiaries to allow an early distribution.

Handling Probate when the deceased did not leave a Will usually takes a bit longer than where there is a Will. However, we regularly advise people whose loved ones died intestate so you can trust that we will handle the process as quickly and efficiently as possible. The basic process works as follows:

• The Rules of Intestacy will set out who can inherit from the deceased’s Estate
• The Estate needs to be valued and Inheritance Tax calculated
• Anyone entitled under the Rules of Intestacy can apply for a Grant of Letters of Representation to become an Administrator
• The deceased’s financial affairs need to be wound up, including paying their debts and funeral costs

The remainder of the Estate needs to be distributed among the Beneficiaries

When handling the final affairs of someone who has passed away, you will come across a lot of legal jargon. So, below we have set out a few of the common Probate terms you will come across and links to their meanings. When providing advice, we always aim to make our language as accessible as possible so you can rest assured that your loved one’s Estate is being managed properly.

• Estate
• Assets
• Estate Administration
• Probate
• Grant of Probate
• Grant of Letters of Administration
• Probate Registry
• Testator
• Intestate
• Executor
• Administrator
• Beneficiary
• Will Trust – a legal instrument that transfers assets to one or more Trustees to look after for one or more Beneficiaries. It only comes into effect upon the death of the person who made it. A Trust that comes into effect while the person who made it is still alive is called a ‘Lifetime Trust’. For more information about Trusts, please visit our Trusts and Tax Planning

For a full list of Wills and Probate terms, visit our Legal Jargon section.

You may not have to go through Probate in certain circumstances, such as:

• The Estate is small – some banks and other financial organisations will be happy to release small amounts of money without a Grant of Representation. The exact amount will depend on each organisation’s policies but this is usually less than £5,000
• The assets were all jointly owned – in this case, the surviving joint tenant is entitled to inherit the deceased’s share

We can provide advice about whether you need to go through the Probate process as well as helping you with your other Estate Administration responsibilities.

It is important to remember that even if Probate is not needed, you will still need to liaise with HMRC in relation to Inheritance Tax. For this, it is beneficial to consult a Probate solicitor who can ensure the process is completed accurately to avoid the risk of future dispute with HMRC.

To arrange an initial discussion with one of our Probate lawyers, give us a call on 0800 328 3282 or fill in our simple online enquiry form and a member of our team will be in touch with you shortly.

We have local offices in Truro, Newquay, St Austell, Falmouth, Penzance, Holsworthy, Launceston and Liskeard where we can meet to discuss your needs.