By instructing Linley James Solicitors we will manage the Executors responsibilities. In an uncontested probate this typically consists of –

  • Where necessary register the death of the deceased.
  • If required organise the funeral.
  • Audit of the deceased’s assets to confirm their ownership and ability to form part of their estate.
  • Review the will confirming it is valid and is fit to proceed to being accepted for probate. 
  • If necessary investigate how the will was made and there are no concerns.
  • Defend or bring a challenge on the estate’s behalf.
  • Secure or make safe any property which is owned by the deceased.
  • Gather in the deceased assets and make a record of these for inheritance tax purposes.
  • Review the deceased bank accounts looking for how these assets should pass to another person.
  • Consider if anyone owes any money to the estate.
  • Are there other liabilities which the deceased had which are now the responsibility of the estate.
  • Trace assets, get valuations, contact financial institutions, obtain prices for shares and securities and review any life interest trusts the deceased was subject to and if these should now continue.
  • Is there anyone making a claim against the estate which needs to be resolved.
  • Review any capital gains tax to be paid on additional properties.
  • Conduct a tax calculation, often using a tax accountant to ensure the correct amount of inheritance tax is paid.
  • Review the entire estate to see if it can be made more tax efficient via a deed of variation.
  • Provide a report on the deceased assets and produce estate accounts.
  • Make distribution of the assets to the beneficiaries.
  • Consider if any trusts need to be set up to manage the beneficiaries money.

In contested probates Linley James Solicitors manages the dispute claim.

Probate Team

Our Probate team consists of our probate solicitor with over 15 years solicitor experience. Our probate solicitor is supported by staff with probate experience. 

Our contentious probates are dealt with by one of our probate solicitor who qualified as a solicitor nearly 20 years ago. He is also a member of Society of Trust and Estate Practitioners (STEP). He is supported by other expert solicitors and barristers as required.

Our Probate Fees

Linley James Solicitors manages both uncontested and contested probates. Where we can we will agree a fixed probate fee with our clients. Sometimes this is not possible owing to the complexity of the probate. At the end of each probate matter we review our fees with our clients adjusting them as appropriate.

Uncontested probates

With uncontested probates we aim to assist you with gathering in the deceased assets, evaluating these, making inheritance tax payments from the estate and the distribution to the beneficiaries. Our probate fees start from £1,250 plus VAT. (VAT is currently 20%). The hourly rates for our probate solicitor is £300 plus VAT. We charge on average 1.25% of the estates value for probates. More complicated probates are charged at our hourly rates.

If assistance is required with specific parts of the probate process this can involve instrcuting external expetts to assist. Theri fees as simlar to our probate solicitor’s hourly rate.

When conducting a probate there are disbursements or other required fees. These include the fee to obtain the grant of probate £155 for probate professional practitioners. Statutory notice adverts London Gazette £70 with other newpapers charging between £70 to £150. Conducting a will search £114. Cost of evaluating chattels and stocks & shares. If selling a property there may also be property valuation fees between £100 to £150 plus VAT. Estate agent fees between £400 – £600 plus VAT. There is also the requirement to insure unoccupied property, insurances are around £400-£500.

Contested probates

We also undertake contested probate matters. This is where, for example there is a dispute as to the validity of the will, who should inherit assets under the will or claims made by someone who has been omitted from the will. It can be a little difficult to put an exact cost on a contentious probate matter. We aim to keep our clients informed every step of the probate process regarding our fees and how the matter is progressing. Contested probate fees start from £2,250 plus VAT. Our contested probate solicitor hourly fees are £300 plus VAT. The average costs of a contested probate is from £7,500 to £15,000 plus VAT. If the matter proceeds to court there will be barristed fees to pay. Most contested probates settle before going to court

We aim to use mediation as part of the probate dispute process. This reduces costs for clients and aims to resolve the matter without the necessity for going to court.

How our Fees are Calculated

Our fees are based upon the complexity of an estate. Complicating factors include –

  • The number of assets to be traced.
  • The number of beneficiaries, their age and cognitive abilities.
  • The complexity of any will provisions and arising trusts.
  • Foreign assets or property.
  • Estate claims regarding business property or agricultural property reliefs.
  • Managing claims or disputes between beneficiaries or claims against the estate.
  • Negotiating with the tax office (HMRC) regarding tax liabilities.
  • Discussions with the Department for Works and Pensions regarding over or under benefit payments.
  • Tracing missing beneficiaries.
  • Creating and winding up trusts created under the will.