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. He is a member of Society of Trust and Estate Practitioners (STEP). Our probate solicitor is supported by staff with probate experience. He is also supported by other expert solicitors and barristers as required.

Our Probate Fees

The Law Society sets a recommended cost of probate at 1.5% plus VAT of the value of the deceased’s estate. Our fee for the majority of probates is 1.25% plus VAT of the estate. VAT is currently 20%. More complicated probates are charged at our hourly rates of £300 an hour plus VAT.

For simple probate our fees are £1,250 plus VAT. This is where there is no tax to pay and the estate’s value is less than £5,000.

Our probate fee is based upon the information presented to us having completed our initial questionnaire. As matters progress, sometimes unforeseen circumstances arise. In such circumstances where there is slight variation we will try and stick to our original fee. Where there is significant departure from original information provided to us, for that piece of work we charge £300 an hour plus VAT. Time spent will include a reasonable amount of meetings with you and perhaps others (including telephone conferences); considering, preparing and working on papers; correspondence; and making and receiving telephone calls.

The hourly rates for our probate solicitor is £300 plus VAT.

When conducting a probate there are disbursements or other required fees. These include the fee to the Probate Registry to obtain the grant of probate of £300 plus £1.50 for the grant of probate certiicate. Statutory notice adverts London Gazette £110 with other newpapers charging between from £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.

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

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.

What our Fees include

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.
  • Winding up trusts.

Probate example

A probate where the estate is valued at £450,000 with a will, no house to sell, there are bank accounts, stocks and shares to sell and several beneficiries.

Our fee of 1.25% of the estate = £5,625.00 plus VAT = £6750.00

Probate Registry fees £300 plus £1.50 for the grant of probate certiicate.

Statutory notice adverts London Gazette £110.00

This totals £6750.00 + £300 +£1.50 +£110.00 = £7161.50 including VAT

Call us now on 0207 060 1210 to book a legal appointment