Probate

Probate is the legal process of administering a deceased person's estate, ensuring that their assets are distributed according to their Will or, if there is no Will, according to the laws of intestacy.

You typically need probate if the deceased owned property, had significant assets, or if financial institutions require it to release funds. Probate may not be necessary for small estates or assets held jointly.

If there is a Will, the executor named in the Will applies for probate. If there is no Will, the closest living relative can apply for letters of administration.

Every estate is different, so the cost of probate and estate administration will depend on the complexity of the estate, the assets involved and the level of support the executors or administrators need.

As a guide, our fees for probate and estate administration work are usually based on the time spent by our specialist team. We will always provide an estimate of our fees at the outset, once we understand the estate and the support required. We will also keep you updated as the matter progresses, particularly if the scope of work changes or if additional complexity arises.

For estates which require preparation of IHT400’s have assets within the UK and some degree of complexity, our fees for applying for the Grant of Probate or Letters of Administration may typically start from £8,000 plus VAT and disbursements.

For estates where we are asked to provide a fuller estate administration service, fees are likely to be higher and will depend on the assets, tax position and practical work required. We will provide a tailored estimate before any work begins.

Disbursements are costs payable to third parties. These may include, for example:

• probate application fees
• fees for official copies of the Grant
• bankruptcy-only Land Charges searches
• statutory advertisements
• valuation fees
• Land Registry fees
• foreign legal advice
• specialist tax advice
• other professional fees, where required.

We will let you know which disbursements are likely to apply and whether VAT is payable on them.

The cost may increase where, for example:

• the estate includes multiple properties or business assets
• inheritance tax is payable
• business property relief, agricultural property relief or other reliefs need to be claimed
• there are foreign assets or beneficiaries overseas
• there are lifetime gifts or trusts to consider
• the deceased had complex income tax or capital gains tax affairs
• there are missing records or incomplete information
• there are disputes or difficulties between executors or beneficiaries
• HMRC raises enquiries.

We will discuss any cost implications with you as soon as they become clear and will provide updated estimates where appropriate.

Where the work is clearly defined, we may be able to agree a fixed fee or a capped fee for certain parts of the probate process, such as preparing the probate application.

For more complex estates, a fixed fee may not be appropriate at the outset. In those cases, we will give you a clear estimate, explain the assumptions behind it and keep you updated on costs as the matter progresses.

Depending on what you need, our probate and estate administration support may include:

• reviewing the Will and identifying the executors
• advising on the information required to prepare the probate application
• identifying and valuing estate assets and liabilities
• preparing inheritance tax forms and claiming available reliefs and exemptions
• applying for the Grant of Probate or Letters of Administration
• liaising with HMRC, HM Courts and Tribunals Service and other third parties
• advising on estate tax matters
• preparing estate accounts
• supporting executors with the administration and distribution of the estate.

We will agree on the scope of our work with you in advance, so you are clear about what is included.

Unless agreed with you separately, our probate pricing will not usually include the following:

• contentious probate or disputes between beneficiaries
• challenges to the validity of a Will
• claims under the Inheritance (Provision for Family and Dependants) Act 1975
• conveyancing or property sale work
• specialist foreign legal advice
• detailed trust advice beyond the estate administration
• tax planning for beneficiaries
• business asset valuation
• dealing with complex lifetime tax issues
• work required because the information provided to us is incomplete or changes significantly.

If additional work is needed, we will explain this clearly and provide a further estimate before carrying out that work.

If there is no Will, the estate is distributed according to the rules of intestacy, which prioritise spouses, children, and other close relatives. The court appoints an administrator to manage the estate.

Probate can be challenged if there are disputes about the validity of the Will, the executor's actions, or the distribution of the estate. This is known as entering a caveat.

There are fees associated with applying for Probate. The cost can vary depending on the value of the estate but is usually around £300.

Seeking advice can be beneficial, especially for complex estates, to ensure that all legal requirements are met and that the process runs smoothly, with the cost of that advice being an expense of the estate.