Probate and the Administration of Estates

We have a long-established probate practice. Following a death, our legally qualified staff can assist you sympathetically and professionally with all the practical aspects of dealing with an estate at what can be a very difficult time.

We can help with the probate process from registration of the death through to the conclusion of the estate. We provide sensitive, expert help to alleviate the burden placed on personal representatives and we are highly experienced in acting as executors.

At Parry Law we pride ourselves on providing our clients with clear and transparent details of the costs involved giving you peace of mind and reassurance at a difficult time.

Where there is a valid Will, a Grant of Probate is required. Where there is no valid Will (the deceased is “intestate”), a Grant of a Letter of Administration is required. These two documents are known as the “Grant of Representation”.

There are two options:

1.Instructing Parry Law to obtain a Grant of Representation AND collect and distribute the assets of an uncontested estate where all assets are in the UK 

The administration process takes between 5 and 200 hours of work, depending on the complexity and scope of the estate.

We offer a fixed fee which is dependent on the individual circumstances and value of the estate.

Our fixed legal fees are calculated at:

  • A fee of 2% of the gross value of any property or land held by the deceased or in which the deceased holds an interest at the date of death,

PLUS

  • a further fixed fee (set out below) for handling all other assets. This includes bank accounts, cash, investments and personal belongings, antiquities and so on (but excludes property and land).

These fees include us obtaining the Grant of Representation, collecting the assets, and distributing them to the beneficiaries.

All legal fees charged are subject to VAT at the rate applicable at the date of the invoice (currently this is 20%).

 The table below shows our current fees for handling all assets (excluding land and property):

GROSS VALUE OF ASSETS EXCLUDING LAND & PROPERTY: FEE
Less than £10,000 £1,000
£10,000 to £40,000 £2,000
£40,001 to £100,000 £3,000
£100,001 to £200,000 £5,000
£200,001 to £400,000 £7,000
£400,001 to £600,000 £9,000
£600,001 to £1,000,000 £12,000
£1,000,001 to £1,200,000 £15,000
£1,200,001 to £1,400,000 £17,000
£1,400,001 to £1,600,000 £19,000
£1,600,001 to £1,800,000 £22,000
£1,800,001 to £2,000,000* £25,000

*Where the gross value of assets exceeds £2,000,000, the fixed fee is £25,000 PLUS an additional fee of £3,000 for every additional £200,000 (or part thereof) (plus VAT).

In addition to payment of our fees, you will also be required to pay some additional fees to others and certain out of pocket expenses known as “disbursements”. These 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.

“Additional Fees” include electronic AML checks (per beneficiary, executor or person instructing us). Electronic ID checks are £3.25 (plus VAT) each.

“Disbursements” payable in addition to our fees include (others may apply)

  Amount VAT
Probate application fee £155.00 No VAT
Office copies for the grant of probate (per copy) £1.50 No VAT
Bankruptcy searches (per beneficiary) £2.00 No VAT
Statutory Notices placed in London Gazette and Local papers to protect against unexpected claims from unknown creditors (subject to vary dependent on the fees negotiated with the media) £166.66 £33.34
Land Registry Official Copy fees for property details if required £3.00 No VAT
     

We will handle the full process for you. These fees are on the basis that:

  • The estate is in England and Wales
  • There are no disputes between beneficiaries on the division of assets. (If disputes arise this is likely to lead to an increase in costs)
  • There are no claims made against the estate
  • There are no complications

As soon as any complications arise, we will discuss these with you and agree the fees for any additional work that needs to be carried out in advance of any additional work being undertaken.

What Services are included and Key Stages

As part of our fixed fees we will:

  • Provide you with a dedicated and experienced probate lawyer to work on your matter
  • Identify the legally appointed executors or administrators and beneficiaries
  • Accurately identify the type of Probate Application you will require
  • Obtain the relevant documents required to make the application
  • Complete the Probate Application and the relevant HMRC forms
  • Draft a Statement of Truth for signature
  • Make the application to the Probate Court on your behalf
  • Obtain the Grant of Representation
  • Collect and distribute all assets in the estate
  • Pay any inheritance tax payable from estate funds

Services that are not included in our fixed fees and/or circumstances that may increase the cost of your matter

  • Dealing with the sale or transfer of any property in the estate
  • Not being provided with the necessary paperwork, or being provided with incorrect information that needs investigation and correction
  • Third parties not responding to our communications promptly
  • Any contentious work
  • Work required to remove a Caveat from the Probate Registry

We will discuss these with you and agree the fees for any additional work that needs to be carried out in advance of any additional work being undertaken.

How long will this take?

On average, estates that fall within this range are dealt with within 6-12 months. Typically, the Grant of Representation is  normally obtained within 3-6 months. Collecting assets then follows, which is normally be completed within 2-8 weeks. Once this process has been completed, we normally distribute the residuary estate within 10 months of receiving the Grant of Representation.

2.Instructing Parry Law to obtain a Grant of Representation ONLY

This usually takes between 2-8 hours of work. Total costs will be dependent on the individual circumstances and value of the estate.

We charge fixed fees which are subject to VAT at the rate applicable at the date of the invoice (currently this is 20%).

Where we are instructed for an application for a Grant of Representation only, and the relevant tax form is Form IHT205, our legal fees will be £1,250 plus VAT.

In addition, if you require the transferable nil rate band as well (i.e. Form IHT217) an additional fee of £200 plus VAT will be payable.

Where we are instructed to apply for a Grant of Representation only, and the relevant tax form is Form IHT400 and the relevant schedules, our legal fees will be £2,250 plus VAT.

Please see HM Revenue and Customs website for guidance on whether Form IHT205 or Form IHT400 are required.

In addition to payment of our legal fees, you will also be required to pay certain additional fees and out of pocket expenses known as “disbursements”. 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.

“Additional Fees” include electronic AML checks (per executor or person instructing us). Electronic ID checks are £3.25 (plus VAT) each.

Disbursements that may be payable in addition to our legal fees are:

  Amount VAT
Probate application fee £155.00 No VAT
Office copies for the grant of probate (per copy) £1.50 No VAT
Land Registry Official Copy fees for property if required £3.00 No VAT
     

We will handle the full process of obtaining the Grant of Representation for you. Our fees are on the basis that:

  • The estate is in England and Wales
  • There are no claims made against the estate
  • There are no complications
  • All the required information is provided by you and we do not have to correspond with any third parties on your behalf.
  • There are no Caveats in place in the Probate Registry

Scope of work

As part of our fixed fees we will:

  • Provide you with a dedicated and experienced probate lawyer to work on your matter
  • Identify the legally appointed executors or administrators  and beneficiaries
  • Accurately identify the type of Grant of Representation application you will require
  • Complete the Probate Application and the relevant HMRC forms
  • Draft a Statement of Truth
  • Make the application to the Probate Court on your behalf
  • Obtain the Grant of Representation

Services that are not included in our fixed fees and/or circumstances that may increase the cost of your matter

  • Dealing with distribution of the estate
  • Dealing with the sale or transfer of any property in the estate
  • Not being provided with the necessary paperwork, or being provided with incorrect information that needs investigation and correction
  • Third parties not responding to our communications promptly
  • Additional work or advice outside the scope of work
  • Any contentious work
  • Work required to remove a Caveat from the Probate Registry

As soon as any complications arise or if you require any assistance with the distribution of the estate, we will discuss these with you and agree the fees for any additional work that needs to be carried out in advance of any additional work being undertaken.

How long will this take?

Typically, obtaining the Grant of Representation takes between 3-6 months based on current response times from HM Revenue and Customs and from the Probate Registry.

Please click on the links below to learn more about our team of probate specialists.

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