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We have considerable experience of acting either as the executors appointed under a Will or, alternatively, as advisors to the appointed family executors.

Probate is the term applied to the official proving of a Will, but it is also used informally to refer to the process of administering the estate of somebody who has died.

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A person or people (up to four) are responsible for ensuring that the deceased’s assets and liabilities are dealt with in accordance with the Will, or if there is not a Will, in accordance with the rules of intestacy. If there is a Will they are known as executors, and if there is no Will they are called administrators; collectively they are known as personal representatives.

The personal representatives will need to obtain a “Grant of Representation” from the Probate Registry. A Grant of Representation is a legal document that establishes that the person named on it is entitled to handle the deceased’s estate.

The administration of an estate includes:-

  • Verifying the value of the assets and liabilities as at the date of death.
  • Completing the Inheritance Tax Return and dealing with the payment of inheritance tax, if applicable.
  • Submitting the application for the Grant of Representation.
  • Closing the bank accounts and transferring or selling other assets.
  • Dealing with a sale or transfer of any property.
  • The preparation of the final estate account and distribution statements.
  • Dealing with the payment of any income tax or capital gains tax liability on behalf of either the deceased or the estate.
  • Distributing the net estate to the beneficiaries in accordance with the terms of the Will or the intestacy provisions.

Rothwell & Evans can assist you with all of these.

Our Fees

In Probate matters our charges are based on the time that it is necessary to spend on the matter and we can, therefore, only give you an estimate at the outset. However, the costs of typical matters are detailed below.

Applying for the Grant, Collecting and Distributing the Assets

We anticipate that this will take between 5 and 10 hours work at an hourly rate of between £185 to £210 per hour, with a total costs estimate of between £1500 – £2800 plus VAT at 20%

The exact cost will depend on the individual circumstances of the matter. For example, if there is one beneficiary and no property, costs will be at the lower end of the range. If there are multiple beneficiaries, a property and multiple bank accounts costs will be at the higher end.

We will handle the full process for you. The quote is for estates where:

  • There is a valid Will.
  • There is no more than one property.
  • There are no more than 4 bank or building society accounts.
  • There are no other intangible assets.
  • There are one to four 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 is no inheritance tax payable, and the executors or administrators do not need to submit a full account to HMRC.
  • There are no claims made against the estate.

Extra disbursements that are not included in this fee:

  • Probate application fee – £300.00
  • Additional copies of the grant – £1.50p each (one per asset usually requested)
  • Bankruptcy/Land Charges Department searches – £2.00 per beneficiary
  • Statutory advertisements in a local paper and in the London Gazette – protects against unexpected claims from unknown creditors – approximately £300.00.

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.

Potential Additional Costs

  • If there is no Will or the estate consists of any shareholdings (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 quotation once we have more information.
  • Dealing with the sale or transfer of any property in the estate is not included.

How long will this take

On average, estates that fall within this range are dealt with within 12 months (the period of time often depends on whether there is a property in the estate, and whether it is to be sold). Typically, obtaining the Grant of Probate can take an average of 16 weeks. Collecting the assets then follows, which can take 4 weeks. Once this has been done, we can distribute the assets, which normally takes another 6 weeks.