Brooke Gordon offers legal advice in connection with making a Will and administering Estates after Death. Making a Will is one of the most important things you should do but a surprising number of the population never get around to writing a Will. In the event of death, this leads to unnecessary financial complications and emotional distress for members of the family who are left to sort out the Estate. Without a Will, intestacy rules apply and the order of who inherits is set out by the Government and often this is not what the Testator would have wanted. Cohabitees are not included at present in the Statutory Intestacy rules and a Will is therefore vital in this scenario to ensure a loved one is provided for after death.
Our solicitors will guide you through the important decisions: choosing your executors (the people who will carry out your instructions set out in your Will), choosing Guardians if you have any children below the age of 18, setting up a Will Trust and choosing Trustees who will manage the money or property until it passes to the beneficiaries. Legal advice will be given on how best to leave specific legacies to loved ones or favourite charities. When meeting with someone to write a Will, it is vital to understand their needs and what is important to them. Our solicitors like to get to know each client on an individual basis ensuring their own needs are taken care of, and, most importantly, they feel supported and happy with the Will writing process.
Administration of a deceased person’s estate (“probate”)
Our solicitors will provide legal advice on all aspects of the administration of Estates when someone dies. There are a number of important tasks that need to be completed and our solicitors can guide you, whether there is a valid Will or an intestate Estate, on what to do or if required deal with the entire Estate on the client’s behalf.
Your probate will be carried out by our team of specialists with many years of collective experience in delivering high quality work, efficiently and cost effectively.
Our Costs
Under SRA rules, we are required to publish information regarding our fees and services in relation to the administration of a deceased person’s estate (also referred to as “probate”). We are required to publish information regarding our fees and services in relation to uncontested probate cases where all of the assets are in the UK. However, every estate is different, and our fees will reflect the individual circumstances of the matter.
Our Services
We will always agree the services included in our estimated fee and confirm this (in writing) at the outset. However, we have set out below some of the services that are included:
• Provide you with a dedicated and appropriately experienced member of our team who will be your main point of contact.
• Meeting with you to take your instructions and give initial advice.
• Identify whether there is a Will.
• Identify the legally appointed executors or administrators and beneficiaries and advise them on their duties and responsibilities.
• Ascertain whether the estate is subject to Inheritance Tax.
• Determine whether any reliefs from Inheritance Tax should be applied for.
• Advise you on the type of Probate application you will require and the process.
• Complete and lodge the probate application and HMRC forms.
• Arrange the payment of Inheritance Tax from the estate.
• Obtain probate.
• Collect in and distribute all assets in the estate.
Fees for applying for the grant, collecting and distributing the assets
The exact cost will depend on the individual circumstances of the matter, the complexity and size of the estate. For example, if there is one beneficiary and no property, costs will be at the lower end of the range – £2,000 plus VAT. If there are multiple beneficiaries, properties (including overseas properties) and multiple bank accounts, costs will be at the higher end – £10,000 plus VAT. These are guidelines only and we cannot give you a reliable estimate of our fees until we have further information. Please therefore contact a member of our friendly professional team who would be happy to discuss matters with you, confirm your requirements and provide you with a personalised reliable estimate based on the specific instructions and facts.
An example of our average probate fee quote of £5,000 plus VAT is 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 assets.
• There are 3-4 beneficiaries.
• There are no disputes between beneficiaries on division of assets. If disputes arise this is likely to lead to an increase in costs.
• There are no claims made against estates.
Likely Disbursements additional to the fee estimate:
• Probate application fee of £273.
• Bankruptcy-only Land Charges Department searches (£2 Per beneficiary).
• Statutory advertisements approx. £200 in The London Gazette and a local newspaper which protects the estate against unexpected claims from unknown creditors.
Disbursements are costs 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. Not all these disbursements may be payable.
Potential additional costs
If there is no Will or the estate consists of any share holdings (stocks and bonds) there is likely to be additional costs that could range significantly depending on the estate and how it is to be dealt with. We can give you a more accurate quote once we have more information. If any additional copies of the grant are required, they will cost £1.50 (1 per asset usually). Dealing with the sale or transfer of any property in the estate is not included.
How long will it take?
On average, estates that fall within this range are dealt with within 6-12 months. Typically, obtaining the grant of probate takes 4-6 weeks. Collecting assets then follows, which can take between 1-6 months. Once this has been done, we can distribute the assets, which normally takes 2-6 months. We will of course do everything we can to ensure a speedy outcome.
Further services offered include:
• Selling or transferring property.
• Advising on/creating/managing any on-going Trusts.
• Deeds of Variation (used to vary the terms of a Will).
• Legal advice on a broad range of issues facing elderly clients.
• General and Lasting Powers of Attorney (both Property & Financial Affairs and Health & Welfare LPAs).
• Managing financial affairs and making provision for family members.
• Inheritance Tax planning.
Pricing information for probate cases
Brooke Gordon offers legal advice in connection with making a Will and administering Estates after Death. Making a Will is one of the most important things you should do but a surprising number of the population never get around to writing a Will. In the event of death, this leads to unnecessary financial complications and emotional distress for members of the family who are left to sort out the Estate. Without a Will, intestacy rules apply and the order of who inherits is set out by the Government and often this is not what the Testator would have wanted. Cohabitees are not included at present in the Statutory Intestacy rules and a Will is therefore vital in this scenario to ensure a loved one is provided for after death.
Our solicitors will guide you through the important decisions: choosing your executors (the people who will carry out your instructions set out in your Will), choosing Guardians if you have any children below the age of 18, setting up a Will Trust and choosing Trustees who will manage the money or property until it passes to the beneficiaries. Legal advice will be given on how best to leave specific legacies to loved ones or favourite charities. When meeting with someone to write a Will, it is vital to understand their needs and what is important to them. Our solicitors like to get to know each client on an individual basis ensuring their own needs are taken care of, and, most importantly, they feel supported and happy with the Will writing process.
Administration of a deceased person’s estate (“probate”)
Our solicitors will provide legal advice on all aspects of the administration of Estates when someone dies. There are a number of important tasks that need to be completed and our solicitors can guide you, whether there is a valid Will or an intestate Estate, on what to do or if required deal with the entire Estate on the client’s behalf.
Your probate will be carried out by our team of specialists with many years of collective experience in delivering high quality work, efficiently and cost effectively.
Our Costs
Under SRA rules, we are required to publish information regarding our fees and services in relation to the administration of a deceased person’s estate (also referred to as “probate”). We are required to publish information regarding our fees and services in relation to uncontested probate cases where all of the assets are in the UK. However, every estate is different, and our fees will reflect the individual circumstances of the matter.
Our Services
We will always agree the services included in our estimated fee and confirm this (in writing) at the outset. However, we have set out below some of the services that are included:
• Provide you with a dedicated and appropriately experienced member of our team who will be your main point of contact.
• Meeting with you to take your instructions and give initial advice.
• Identify whether there is a Will.
• Identify the legally appointed executors or administrators and beneficiaries and advise them on their duties and responsibilities.
• Ascertain whether the estate is subject to Inheritance Tax.
• Determine whether any reliefs from Inheritance Tax should be applied for.
• Advise you on the type of Probate application you will require and the process.
• Complete and lodge the probate application and HMRC forms.
• Arrange the payment of Inheritance Tax from the estate.
• Obtain probate.
• Collect in and distribute all assets in the estate.
Fees for applying for the grant, collecting and distributing the assets
The exact cost will depend on the individual circumstances of the matter, the complexity and size of the estate. For example, if there is one beneficiary and no property, costs will be at the lower end of the range – £2,000 plus VAT. If there are multiple beneficiaries, properties (including overseas properties) and multiple bank accounts, costs will be at the higher end – £10,000 plus VAT. These are guidelines only and we cannot give you a reliable estimate of our fees until we have further information. Please therefore contact a member of our friendly professional team who would be happy to discuss matters with you, confirm your requirements and provide you with a personalised reliable estimate based on the specific instructions and facts.
An example of our average probate fee quote of £5,000 plus VAT is 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 assets.
• There are 3-4 beneficiaries.
• There are no disputes between beneficiaries on division of assets. If disputes arise this is likely to lead to an increase in costs.
• There are no claims made against estates.
Likely Disbursements additional to the fee estimate:
• Probate application fee of £273.
• Bankruptcy-only Land Charges Department searches (£2 Per beneficiary).
• Statutory advertisements approx. £200 in The London Gazette and a local newspaper which protects the estate against unexpected claims from unknown creditors.
Disbursements are costs 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. Not all these disbursements may be payable.
Potential additional costs
If there is no Will or the estate consists of any share holdings (stocks and bonds) there is likely to be additional costs that could range significantly depending on the estate and how it is to be dealt with. We can give you a more accurate quote once we have more information. If any additional copies of the grant are required, they will cost £1.50 (1 per asset usually). Dealing with the sale or transfer of any property in the estate is not included.
How long will it take?
On average, estates that fall within this range are dealt with within 6-12 months. Typically, obtaining the grant of probate takes 4-6 weeks. Collecting assets then follows, which can take between 1-6 months. Once this has been done, we can distribute the assets, which normally takes 2-6 months. We will of course do everything we can to ensure a speedy outcome.
Further services offered include:
• Selling or transferring property.
• Advising on/creating/managing any on-going Trusts.
• Deeds of Variation (used to vary the terms of a Will).
• Legal advice on a broad range of issues facing elderly clients.
• General and Lasting Powers of Attorney (both Property & Financial Affairs and Health & Welfare LPAs).
• Managing financial affairs and making provision for family members.
• Inheritance Tax planning.