Probate

Probate Services:

To obtain a Grant of Probate or Letters of Administration for a non-taxable estate and collect in and distribute the assets.  We will:-

  • Ascertain the assets and liabilities comprised in the estate and register the death.
  • Complete HM Revenue & Customs Account IHT205 for your approval.
  • Prepare Oath for Executors and attend you on signing all of the probate papers before a Commissioner for Oaths
  • Send all of the papers to the Probate Registry to extract Grant of Probate.
  • Register the Grant where necessary and deal with the transfer or encashment of assets.
  • Settle all liabilities.
  • Pay over legacies.
  • Make payments on account to beneficiaries if required.
  • Finalise the estate and prepare Estate Account for approval and pay over the balances due.
  • To include all correspondence and attendances where necessary and telephone calls.

To obtain a Grant of Probate or Letters of Administration for a taxable estate and collect in and distribute the assets. We Will:-

  • Ascertain the assets and liabilities comprised in the estate and register the death.
  • Complete HM Revenue & Customs Account IHT400, together with all relevant Schedules.
  • Calculate the inheritance tax payable and organise payment of this.
  • Prepare Oath for Executors and attend you on signing all of the probate papers before a Commissioner for Oaths
  • Lodging the HM Revenue & Customs Account IHT400 with HM Revenue & Customs and obtaining their receipt and sending all of the papers to the Probate Registry to enable the Grant of Probate to be extracted. Dealing with any enquiries raised by them in respect of the account submitted.
  • Settle all liabilities.
  • Pay over legacies.
  • Finalise the estate and prepare the estate accounts.
  • To include all correspondence and attendances where necessary and telephone calls.

In matters such as this it is difficult to estimate how many hours of work will be necessary to complete the matter.  We would estimate a straightforward non-taxable estate to be in the region of 12 – 16 hours’ work that will be required.  We would estimate that our costs will be in the region of £3,000.00 to £3,500.00 plus VAT. We would estimate a straightforward taxable estate to be in the region of 20 – 30 hours’ work that will be required.  We would estimate that our costs will be in the region of £5,000.00 to £7,000.00 plus VAT.

This estimate may change as the matter proceeds and it becomes clearer how much time is likely to be needed.

We also provide a Grant-only fixed-fee for straightforward non-taxable estates.

We will:-

  • Ascertain the assets and liabilities comprised in the estate and register the death.
  • Complete HM Revenue & Customs Account IHT205 for your approval.
  • Prepare Oath for Executors and attend you on signing all of the probate papers before a Commissioner for Oaths
  • Send all of the papers to the Probate Registry to extract Grant of Probate.

Our costs would be £1,400.00 plus VAT and once the Grant is received we would have no further involvement in the Estate. We would estimate a straightforward non-taxable estate, for a Grant only service, to be in the region of 6 – 8 hours’ work.

VAT at the current rate is added to all our fees and there will also be disbursements to be paid, which are expenses that we incur on your behalf from other parties.  Examples of these are Probate Registry Court fees of £155.00 plus £0.50 for each sealed office copy of the Grant required, Commissioner’s fees of £7.00 for each Executor and Bankruptcy search fees in respect of all beneficiaries of £2.00 per name searched.  If you are unaware of all of the assets contained in the estate, it may also be appropriate to carry out a financial asset search and the cost for this search is £135.00 plus VAT. You may also wish to place a Statutory Advert, which is currently £170.35 plus VAT. We will inform you when disbursements are incurred and will normally ask for payment on account from you prior to meeting such expenses.

There is always potential for additional costs to arise and for the estimated time scales to be exceeded where the matter has unforeseen complexities, for example (this list is not exhaustive):-

  • If there is a family dispute,
  • If there are any claims made against the estate,
  • If there are DWP investigations,
  • If a Deed of Variation is to be incorporated,
  • If property is to be transferred or sold,
  • If there are any Inheritance Tax complications or corrections,
  • If GoodyBurrett LLP are acting as Executors.

Please be aware that there are many tax considerations when administering an Estate and these include; Inheritance Tax, Capital Gains Tax and Income Tax. It may therefore be necessary to instruct independent Financial Advisors or Accountants.  Please see the HMRC website gov.uk for more information on the different types of tax.

Our team at GoodyBurrett LLP consist of three fee-earners who are assisted by Jane Maher.  Our Head of Department, Sue Mullis, has been advising clients of the firm on Probate matters for over 20 years.

Sue Mullis – Head of Department

Sue is a senior Chartered Legal Executive who specialises in Private Client work.  She has expertise on all types of probate matters varying in complexity.  Sue splits her time equally between taxable and non-taxable estates some with more complex tax issues. Her hourly rate is currently £220.00 per hour. (All hourly rates listed are in line with HMCTS guidelines.)

Helen Firth

Helen is a solicitor in the Private Client department. She spends most of her time working on non-taxable estates, although she has dealt with more complex taxable estates. Her hourly rate is currently £200.00 per hour.

Victoria Bibby

Victoria is a solicitor working part-time in the department.  She primarily assists Sue Mullis with her caseload and specialises in the administration of the deceased’s assets.  She spends most of her time on preparing the deceased’s Estate Accounts. Her hourly rate is currently £215.00 per hour.

For more information on our Private client team please click on the link ‘Meet the Team’.