Will & Probate

We are a niche high street practice providing legal assistance in this area of the law. Once we are instructed, you will be assigned a dedicated solicitor who is experienced in this area and who will provide you with a personal service.

Non – Contentious Probate

Non-contentious probate work usually includes the following stages:

• Registering the death with the relevant Authorities.
• Assessing the value of the Estate including all assets and liabilities and identifying any potential issues.
• Preparing estate accounts.
• Determining whether inheritance tax is payable and preparing the appropriate Inland Revenue Account.
• Applying for a Grant of Representation either a Grant of Probate (where there is a Will) or a Grant of Letters of Administration (where there is no Will).
• Sending copies of the Grant to the relevant financial institutions in order to collect in the estate monies to pay the debts and any legacies under the Will.
• Obtaining confirmation from the Inland Revenue that no further income tax or inheritance tax is due.
• Finalising the Estate Accounts for the executors and residuary beneficiaries’ approval and distributing the residue to the residuary beneficiaries.
• Provision of Estate Income (R185) forms.

Experience and qualifications

Senior Solicitor, Ms Nida Mansoor, is the lead Solicitor in relation to probate matters and has over 9 years of experience.

Fees

Our solicitors deal with every aspect of estate administration from start to finish. We offer an initial 30-minute consultation at a fee of £50.00 plus VAT 10.00 Total £60.00. where we will discuss your individual facts and requirements. This will give us an opportunity to understand your needs so that we may tailor our service to you. Below is an indication of the work involved for non-contentious probate work. For contentious probate we recommend that you get in touch with us to discuss your specific facts and circumstances.

Should you decide to instruct us after our initial 30-minute consultation our fees are thereafter charged on an hourly rate basis or a fixed fee. At the outset of the matter, we will provide our best estimate of fees based on the information provided by you. The fee estimate is determined by how much work is likely to be required to complete the estate administration.

Hourly Rate

Muzaffar Mansoor –Senior Partner                £350.00           VAT £70.00    Total £420.00

Nida Mansoor – Senior Solicitor                    £350.00           VAT £70.00    Total £420.00

Ishfaq Ahmad (RFL)– Consultant                  £250.00           VAT £50.00    Total £300.00

Other trainees and Paralegal caseworkers      £120.00           VAT £24.00    Total £144.00

Administrative & Support Staff                     £80.00             VAT £16.00    Total £96.00

The hourly rate applied depends upon the solicitor dealing with your matter and his / her experience.

The exact cost will depend on the individual circumstances of the matter. For example, if there are multiple beneficiaries, a property and multiple banks accounts the costs are likely to be higher than an initial estate with only one beneficiary and limited assets. If disputes arise or there are other complications this is likely to lead to an increase in costs.

By way of an example, a straightforward estate is likely to attract a fee in the region of £1,500.00 to £8,000.00 plus VAT (20%) or the Law Society’s guidance on minimum rate of initial fee 0.75% of the value of the property plus 1.5% of the value of other assets and other charges on top of it plus VAT will apply for estates where:

• There is a valid will.
• There is no more than one property.
• There are no more than 5 bank or building society accounts.
• There are no other intangible or digital and intellectual property and assets.
• There are no more than 5 UK beneficiaries.
• There are no overseas assets.
• There are no disputes between beneficiaries on division of assets. If disputes arise this is likely to lead to an increase in costs.
• There is no inheritance tax payable, and the executors do not need to submit a full account to HMRC.
• There are no litigation or claims made against the estate.
• There is no family or any other ongoing trust.
• The testators tax affairs are settled to the end of the last tax year before death.
• There are any missing beneficiaries or disputes b/w the beneficiaries.

Potential additional costs

If an estate has any of the following features it is likely to be more complex than a straightforward matter and therefore likely to attract more time being spent on the issues. The costs are likely to be higher approx. could range from £10,000.00 to £2,5000.00 plus VAT (20%) in such matters where:

• There is no will.
• Professional executors are appointed.
• The estate consists of any share holdings (stocks and bonds).
• The estate includes foreign assets.
• The estate includes a family or other ongoing trust.
• The estate is taxable and requires the submission of a full inheritance tax account.
• The testator is non-UK domicile.
• Any one or more of the beneficiaries are non-UK domicile.
• There is more than one property.
• Property is unregistered.
• The property is not local.
• Disputed estate/missing beneficiaries
• The estate comprises a business.
• The estate includes agricultural.
• Where property and/or land is subject to an existing tenancy.
• There are charitable beneficiaries.
• There are intangible or digital assets.
• There are disputes between the beneficiaries on division of assets.
• They are claims against the estate.
• The estate is insolvent.

We will provide you with a more accurate estimate once we have more information regarding the nature of the estate. Complex matters are additional charged to hourly rate or a fixed fee can be agreed.

Please further note that our fees as set out do not include VAT and if VAT is payable, we will clearly set this out from the outset so that the costs are clear.

Our agreed fixed fee does not cover the third-party charges e.g. court fees or Barrister’s fees

Disbursements

These are additional expenses related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process. Some of the most common types of disbursements in probate matters are as follows:

Estate Administration

Probate application fee

£155.00 plus £1.00 VAT Nil for each additional sealed office copy of the Grant of Probate (usually one per asset).

Swearing of the oath

£10.00 VAT Nil Swearing of the oath (per executor) plus £2.00 VAT Nil for each additional exhibit (i.e. for an Oath and a Will the oath swear fee will be £7.00 VAT Nil).

Bankruptcy- Land Charges Department searches

£2.00 VAT Nil per beneficiary.

Statutory Advertisement

Between £62.00 and £200.00 plus VAT (20%) or more (The London Gazette – and a local newspaper) to protect against unexpected claims from unknown creditors.

Land Registry fees

(For dealing with the sale or transfer of property) *

File Archiving Fee

£40.00 plus VAT 8.00 Total £48.00.

Please further note that the disbursement as set out do not include VAT (20%) and if VAT (20%) is payable, we will clearly set this out from the outset so that the costs are clear.

*Dealing with the sale or transfer of any property in the estate is not included within our probate service. We will provide you with a separate estimate should you require this service. Please see our conveyancing section relating to the sale of a property.

Estate Administration

Uncontested collection and distribution of money, property and other assets in a deceased estate located in the UK.

Typical timescales and key stages

On average, straightforward estates are dealt with within 12-18 months. Typically, obtaining the grant of probate takes 4-6 months. Collecting assets then follows, which can take between 1-6 months. Once this has been done, we can distribute the assets, which normally take a further 3-4 months to allow formal clearance of the tax position for the period of administration and dependant on any delay as a result of a backlog at HM Revenue & Customs. Collection of estate assets, payment of estate liabilities and testamentary legacies and distribution of residuary estate: 6-9 months.

Estate accounts and income tax reports and returns: 6-12 months. Sometimes it can take longer if there are delay from third parties to provide the information to complete the IHT + Probate requirements.