Wills & Probate

Wills

hand-shake Die will-less and your affairs can be in limbo for years. Yet many either don’t want to think about making a will or are worried about the cost.

Nearly everyone has thought of making a will at some point but only few per cent of us have actually done so. Even the most sensible of us often wrongly assume that making a will is something that can be put off till tomorrow.

Not making a will can cause months or years of grief for your loved ones. Unfortunately the absence of a will, or a poorly written document, can mean instructions on how your estate should be dealt with are unclear and lack legal standing. This can lead to disputes over property, belongings and finance.

If you are in any doubt as to whether or not you should make a will, than consult our experts who will look into your needs and will help you by putting you in control of how your assets will be distributed and ensuring that your loved ones will be looked after in the event of your death.

It is important for you to make a will whether or not you consider you have many possessions or much money. It is important to make a will because:

If you die without a will, there are certain rules which dictate how the money, property or possessions should be allocated. This may not be the way that you would have wished your money and possessions to be distributed;
Unmarried partners and partners who have not registered a civil partnership cannot inherit from each other unless there is a will, so the death of one partner may create serious financial problems for the remaining partner;
If you have children, you will need to make a will so that arrangements for the children can be made if either one or both parents die;
It may be possible to reduce the amount of tax payable on the inheritance if advice is taken in advance and a will is made;
If your circumstances have changed, it is important that you make a will to ensure that your money and possessions are distributed according to your wishes. For example, if you have separated and your ex-partner now lives with someone else, you may want to change your will. If you are married or enter into a registered civil partnership, this will make any previous will you have made invalid.

We can help you to deal with the property of a person who has died

Everything owned by a person who has died is known as their estate. The estate may be made up of:

Money, both in cash and money in a bank or building society account. This could include money paid out on a life insurance policy;
Money owed to the person who has died;
Shares;
Property, for example, their home;
Personal possessions, for example, their car or jewellery.

If the person who died owes money to other people, for example, on a credit card, for fuel, for rent or a mortgage, this comes out of the estate.

last-will-testmant The estate of the person who has died is usually passed on to surviving relatives and friends, either according to instructions in the will, or if the person dies without leaving a will, according to certain legal rules called the rules of intestacy.

If you require help to execute the will or you are dealing with the estate and require assistance then we are here to help you. Our Probate team at Glen is equipped with expertise and a proactive approach and can help you to inherit what is legitimately yours or to discharge your responsibility under the will if you were appointed as a trustee. We can help you with:

Everything owned by a person who has died is known as their estate. The estate may be made up of:

To apply for probate and letter of administration;
Finding all the financial documentation belonging to the person who died;
Sending a copy of the death certificate to the organisations that hold the money of the person who has died. Ask them for confirmation of the value of the money held at the date of death and the amount of income received during the last tax year up to the date of death. Also, we can ask them to freeze the bank accounts so no one can take money out without the correct legal authority;
Opening a bank account on behalf of the estate;
Finding out details of money owed to the estate;
Finding out details of money owed by the person who has died;
Preparing a detailed list of the property, money and possessions and debts in the estate;
Working out the amount of inheritance tax due and arranging to pay it;
Preparing and sending off the documents required by the probate registry and HM Revenue and Customs;
When probate or letters of administration have been granted, collecting money belonging to the estate from banks, insurance companies, pension funds and building societies;
Paying debts, expenses and fees, such as Solicitors’ fees and Probate fees;
Sharing out the estate, as set out in the will or according to the rules of intestacy.

Why Us

We have an experienced team who can assist you with every aspect of the probate process, reducing the administrative burden and advising sensitively on key decisions which need to be made when managing an estate. We are aware that administering an estate comes at a time of grief and high emotion, and that most people do not know the processes and legal requirements involved.

We will give you a clear time frame of how long probate should take and will keep you and any beneficiaries advised throughout.

You will have the confidence that you are our priority, with our aim being that any member of the team is available to speak with you when you need some clarity and certainty at any stage in the process. We feel this provides reassurance and gives you an outlet for any concerns that you may have. Fees are generally paid out of the estate, so there may not be a need for you to fund the administration.

We are proud to hold Lexcel Accreditation, issued by the Law Society. This involves the firm undergoing a rigorous audit process which ensures we maintain high levels of client care.

Pricing

The fees involved in a probate matter can vary and this will depend on the individual circumstances involved.

We offer a fixed fee where Personal Representatives ask us to obtain the Grant of Probate or Letters of Administration (collectively known as a Grant of Representation) for them in simple estates, so they can then deal with the administration of the estate themselves.

Otherwise, we offer an hourly rate charging rate, whereby you will be only be charged for the time spent on the matter.

Grant of Representation only

Item	Amount	+ VAT at 20%	Total
Fixed Fee for grant of representation only, where the IHT205 is required (the short form of the IHT Return)	From £2,000	£400	£2,400
Legal Fees for Grant of Representation only, where the IHT 400 is required (the long form of the IHT Return)	From £2,500	£500	£3,000

The above fees are for applications where the Personal Representatives are providing the necessary details of the assets in the estate.

Dealing with the entire estate

We can help you through this difficult process by obtaining the Grant of Representation on your behalf and then continue to administer the estate on your behalf. As part of our retainer we will:

Provide you with a dedicated and experienced Probate solicitor to work on your matter
Identify the legally appointed executors, administrators and beneficiaries
Obtain the necessary valuations of the assets and liabilities in the estate
Accurately identify the type of Probate application you will require
Provide and complete the relevant Probate and HMRC forms required to make the application
Make the application to the Probate Registry on your behalf
Obtain the Grant of Representation
Collect in all assets in the estate and settle the liabilities
Finalise the deceased’s income tax affairs for the tax year to the date of death
Distribute the estate in accordance with the terms of the Will
Prepare a detailed account of the estate for the Executors and Residuary Beneficiaries

The range of fees will depend on issues such as the number of beneficiaries and whether the estate includes any property. Probate fees will also typically increase, depending on whether there are multiple bank accounts, shares and based on the number and value of any property.

We will handle the full process for you and give the following range of costs based on estimated time required. Please note that the term Property includes real property passing under the terms of the Will. So, if the deceased held a property jointly with their spouse, which passes directly to their spouse by survivorship on death, we would treat that estate as being one where there is no property to be dealt with.

Legal Fees for Estate administration
Estate example	Fee Range	+ VAT at 20%	Total inc. VAT
Estate value of up to £50,000 without a property and up to 4 accounts (based on 7 – 10 hours of time)	£1,800 to £2,600	£360 to £520	£2,160 to £3,120
Estate Value between £50,000 to £100,000 without a property and up to 6 accounts (based on 9 to 16 hours of time)	£2,600 to £4,200	£520 to £840	£3,120 to £5,040
Estate Value £100,000 to £325,000 to include a property and up to 12 investments (based on 16 to 30 hours of time)	£4,200 to £7,800	£840 to £1,560	£5,040 to £9,360
Estate value £325,000 to £650,000 to include a property and up to 16 investments (based on 20 to 38 hours of time)	£5,200 to £9,900	£1,040 to £1,980	£6,240 to £11,880
Estate value £650,000 to £2,000,000 to include a property and up to 30 investments (based on 28 to 120 hours of time)	£7,300 to £32,000	£1,460 to £6,400	£8,760 to £38,400
Estate value over £2,000,000 costs by agreement.

Note: Values stated refer to the gross value of the estate

Our hourly rates

Consultants – £200 + VAT + Disbursements extra

Partner (Tax Planning) – £450 + VAT at 20% (£90.00)

Partner – £300 + VAT at 20% (£60)

Senior Associates – £280 + VAT at 20% (£56.00)

Associates – £270 + VAT at 20% (£54.00)

Solicitors – £250 + VAT at 20% (£50.00)

Paralegals and Trainees – £175 + VAT at 20% (£35.00)

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as Land Registry fees or court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Anticipated Disbursements

Item	Amount
Probate Fee	£273
Office Copies for the Grant of Probate, per copy (1 per asset usually)	£1.50
Land Registry Search fee	£3
Post in the Local Newspaper	varies
Post in the London Gazette	varies

Additional Costs

The cost of selling or transferring a property is not included in the above prices. If you require this service, please let us know and a quote can be provided by our conveyancing team.

There may be additional disbursements if we have to deal with tracing a lost Will, tracing lost assets or replacing lost share certificates.

In some circumstances it may be necessary to pay a premium for an indemnity insurance policy, for example if beneficiaries can’t be traced.

If the estate is subject to IHT then it is likely that there will be additional disbursements for the cost of obtaining valuations for property, possessions and shareholdings.

Exclusions

Our fees usually fall within the ranges shown however there may be factors which would typically increase time spent and the cost of the fees involved. Where there is likely to be any additional cost, we will make sure you are informed of this at the earliest opportunity and a clear estimate of those extra costs will be provided.

In addition to the fees detailed above, an additional fee may be charged if the Estate involves any of the following:

Sorting through numerous old papers
Missing title deeds or share certificates
Beneficiaries having to be traced e.g. because their contact details are not known
There are trusts in which the deceased had an interest which need to be considered
Agricultural or business property
Private company shares
Foreign assets
Specialist assets e.g. private collections
The estate is subject to Inheritance Tax or there are complex tax issues
Threatened, anticipated or actual litigation or disputes between beneficiaries
The renunciation of an executor
A Will where the terms are unclear
Tax advice
Deeds of variation or disclaimer
Other unusual or complex situations

Time Scales

On average, dealing with a typical estate will take between 3 – 12 months. Generally, the time taken to obtain the Grant of Probate will take up to 3 months, followed by the collection of assets and distribution of the assets which can take a further 1 -9 months. Some complex estates involving IHT considerations can take up to 2 years to settle. The range takes into account handling everything from straightforward estate through to more complex estates.

Tadas Sarkus

The administration of this department falls within the responsibilities of Solicitor Tadas Sarkus, who has more than 5 years of experience in this particular area.