Probate and estate administration
Dealing with the legal and financial formalities following a death can be complicated and time consuming; therefore it helps to have experienced probate practitioners sharing the workload and responsibility.
Our probate team has a wealth of experience in dealing with a person’s affairs following a death. We can take routine tasks off your hands and guide you through some of the more complex issues.
How we can help
Our team is spread across both our London and Tunbridge Wells offices and comprises partners, assistant solicitors, probate managers, chartered legal executives, paralegals and dedicated secretaries.
This enables us to staff matters with the appropriate level of expertise to ensure an efficient and cost effective service on all matters from the simplest to the most complicated estates.
While a large part of our work in this area is helping and guiding Personal Representatives through the administration process, we can also help when matters become disputed. Our team of specialist litigators can take on disputes as and when they arise or escalate, and whether purely for that aspect or in tandem with the wider administration of the estate.
Our probate and estate administration team can advise on:
- Administering an estate
- International probate
- Deeds of variation
- Specialist inheritance tax advice
- Business Property Relief (BPR)
- Agricultural Property Relief (APR)
- Conditional exemption
There can be occasions where disputes arise during the course of administering an estate. Should that be the case then we are well placed to deal with these, involving the appropriate expertise within the team to assist either on an ad hoc basis or to take over the running of a matter. Find out more about our will disputes team.
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Frequently asked questions
- Take up the appointment. You should be aware that once you have taken up the appointment you cannot retire from it until the Administration is complete. There are exceptional circumstances such as severe ill health which would allow you to retire before then. Additionally if the Will or intestacy creates on-going trusts, you will become a trustee of that trust (unless the Will directs otherwise) and so your obligations will continue beyond the administration period. You can retire as a trustee, provided there are enough trustees who are continuing, or if not, if you are replaced by a suitable person.
- Do not take up the appointment – “renounce probate”. You may not then interfere in the Administration and you will have no say in any decisions taken.
- Retain the option to join in at a later date – have “power reserved”. In practice joining in later causes additional work and so normally it is only done when absolutely necessary for example on the death of one of the other PRs.
The costs of our probate and estate administration services
Our approach to fees
The administration of an estate is varied and no two estates are identical. From estates with only two or three assets, where no Inheritance Tax is payable, to highly complex cross border estates which may involve substantial lifetime gifts, agricultural and or business property, and a number of beneficial interests, we recognise that there is no one size fits all when it comes to fees.
We take a holistic approach to how we can help you with aspects of the process which break down into two stages; work up to the point of applying for and obtaining the Grant of Representation (Stage One), and then Post Grant matters to conclude the administration (Stage Two). We offer a two stage pricing policy to reflect this.
Stage One
VAT
VAT is charged at a rate of 20%.- Complying with Law Society and government regulations including client identification procedures
- Receiving instructions and considering the validity of the Will (and codicil(s)) or application of the intestacy rules
- Advising you on entitlements
- Obtaining from you the information we need in connection with the assets and liabilities of the estate and registering the death with the Bereavement Register
- Ascertaining and confirming details and valuations of the assets and liabilities
- Ascertaining and confirming details of lifetime gifts
- Preparing statutory notices for creditors, if required. The cost of the notices will be an administration expense
- Preparing the Revenue account (IHT400 or IHT205) and supplementary documents and considering and calculating IHT (if applicable)
- Arranging for the payment of tax and the submission of the Revenue account
- Preparing Statement of Truth for the Executors (or personal representatives) and arranging for the signing of the papers and submission of the application for probate
- Obtaining the Grant of Probate
- Where Cripps Trust Corporation Limited are appointed Executors and we undertake for example the registration of death, funeral arrangements and house clearance;
- Availability of information and level of investigation required;
- Co-operation of executors, beneficiaries and information holders;
- Any disputes between parties or defective testamentary documents;
- Nature and extent of assets and availability of IHT exemptions and reliefs including the Nil Rate Band (currently £325,000) /any Transferrable Nil Rate Band from a pre-deceased spouse or civil partner /Residence Nil Rate Band and any Transferrable Residence Nil Rate Band;
- Multi Jurisdictional or trust elements;
- Earlier lifetime giving and the impact of this on the available Nil Rate Band;
- Agricultural or business property
Probate court fees
- £300 plus £1.50 for each office copy probate (no VAT)
Statutory advertising for Creditors
- On average costs are around £200 (plus VAT*)
Professional valuations of property and shares
These are third party surveyor or broker costs and vary significantly depending upon the nature of the asset. Costs of a professional valuation report for a property may range from £750 – £3,000 or more (plus VAT*). Costs may be higher for particularly high value or complex valuations or those that involve agricultural property and a tailored costs quote would be agreed before proceeding. Portfolio managers may have a standard charge in their terms and conditions for providing formal probate valuations of investments. We may instruct third party agencies to provide share valuations to comply with HMRC requirements. These are usually around £5-£7 per holding, subject to a minimum charge (usually £50) plus VAT*. In some circumstances, it may also be necessary to seek valuations of business property, unquoted shares etc from accountants or other professionals. Tailored quotes would usually be agreed before proceeding with such instructions.Land Registry and Land Charges searches
- £6 (plus VAT*) for office copy entries of the title and title plan for any property in the estate.
- £2 (plus VAT*) bankruptcy search fee for each name searched prior to any distributions being made.
- Land Registry fees may also be incurred for any property transfer to a beneficiary which will be Land Registry Scale Two fees based on value of the property
Bank transfer charges
- £35 (plus VAT*)
VAT
VAT is charged at a rate of 20%.Stage two
- Paralegal £160 – £310 (plus VAT*)
- Trainee Solicitor £190 – £255 (plus VAT*)
- Probate Manager £285 – £395 (plus VAT*)
- Solicitor £240 – £535 (plus VAT*)
- Partner £450 – £685 (plus VAT*)
VAT
VAT is charged at a rate of 20%.- Registering the Grant of Probate with third parties
- Realising the assets of the estate and collecting the proceeds
- Liaising with estate agents (and our residential property team) about the sale of property
- Discharging liabilities
- Making arrangements for the tracing of beneficiaries (as required) and informing identifiable beneficiaries of their entitlements
- Paying legacies and obtaining receipts
- Liaising with HM Revenue and Customs (HMRC) (and third parties as required) to agree estate asset values and determine the IHT (and CGT) payable
- Managing the ongoing (and dealing with any final) payment of inheritance tax payable by instalments
- Dealing with the income tax matters to the date of death and for the period of the estate administration (calculating and preparing returns and arranging for the payment of tax arising)
- Preparing full estate accounts and dealing with the distribution of the residue to the beneficiaries.
- Where Cripps Trust Corporation Limited are appointed Executors and we undertake for example the registration of death, funeral arrangements and house clearance;
- Availability of information and level of investigation required;
- Co-operation of executors, beneficiaries and information holders;
- Any disputes between parties or defective testamentary documents;
- Nature and extent of assets and availability of IHT exemptions and reliefs including the Nil Rate Band (currently £325,000) /any Transferrable Nil Rate Band from a pre deceased spouse or civil partner /Residence Nil Rate Band and any Transferrable Residence Nil Rate Band;
- Multi Jurisdictional or trust elements;
- Earlier lifetime giving and the impact of this on the available Nil Rate Band;
- Agricultural or business property.
Land Registry and Land Charges searches
- £6 (plus VAT*) for office copy entries of the title and title plan for any property in the estate.
- £2 (plus VAT*) bankruptcy search fee for each name searched prior to any distributions being made.
- Land Registry fees may also be incurred for any property transfer to a beneficiary which will be Land Registry Scale Two fees based on value of the property
- Bank transfer charges
- £35 (plus VAT*)
VAT
VAT is charged at a rate of 20%.Awards and accreditations
Contact us
If you have a question or need advice, please let us know how we can help.