Probate | gattasdenfield

Probate

Probate is the legal process of dealing with the deceased persons Estate. They've died - you're coping but it's not an easy time. The last thing you want to do is sort out their belongings. We will demystify the law for you, guide you through the process and take some of the weight off your shoulders.

We will provide you with a professional, regulated and highly competent service on a fixed fee basis.

We will show you through every step from securing and investigating the estate, to settling out the inheritance tax position and obtaining probate, to the final administration in accordance with the will or intestacy.

One of the first things we tell our clients is that there is no rush. This process usually takes between 6 months to 1 year. There is certainly no need to do anything before the funeral.

Allow us to relieve you of the burden of handling the administration of a loved one's Estate. With over 30 years experience helping executors, your estate is in safe hands.

Experience and qualifications of anyone carrying out the work

Our probate team has a wide range of experience dealing with both contentious and non-contentious probate and estate administration work. We have over 30 years’ experience helping clients to administer estates with both a national and an international element. We are members of the Solicitors for the Elderly (SFE) and the Society of Trusts and Estates Practitioners (STEP). Call us today on 020 8204 7181 to discuss your matter with one of your specialist private client solicitors.

Details of Services

Most non-contentious estate administration matters follow the same process. Initially we will take your instructions to ascertain your requirements, the identity of the parties, and the assets and liabilities of the estate. We will also advise you on the distributions that will be made either under a Will or under the Rules of Intestacy.

We then work to determine the value of the estate as at the date of death so we can prepare the correct Inheritance Tax Return and the Oath for Executors or Administrators. The Personal Representative of the estate must file these documents with Her Majesty's Revenue and Customs (HMRC) and the Probate Registry in order to “extract” the Grant of Representation.

The Grant of Representation will be either a Grant of Probate (where there is a Will) or Letters of Administration (where the deceased did not leave a Will), which is the Court Order that empowers the Personal Representatives to deal with the deceased’s assets on his or her behalf. Once it has obtained we will withdraw or transfer the assets as required by the Will or by the Rules of Intestacy where there is no Will.

Finally, we will prepare Estate and Distribution Accounts to enable us to account to you.We will always seek your authority before any distribution of any estate monies.

It is extremely difficult to provide accurate time frames. We understand that this may be frustrating but we prefer to be realistic than to mislead you. Much of the administration of an estate is dependent on third parties responding for requests for information. For example, the first stage would be to write to any banks or financial institutions with whom the deceased held an account to request a date of death valuation; and we must wait for them to respond. That being said, the Law Society guidance is that the administration of an estate may take as long as 9 months or more to conclude. It should be noted that if there is any inheritance tax to pay then interest will start accruing on any unpaid amounts from 6 months after the date of death.

We understand that the administration of an estate can be an extremely upsetting time. We have vast experience and expertise in this field and endeavor to conclude the administration as quickly and with the minimum stress as possible. Call us today on 020 8204 7181 so that we can help with any queries you have.

Basis for Charging

Our fees are calculated in accordance with the judicial guidance provided by the Court of Appeal in the case of Jemma Trust -v- Liptrott [2003] EWCA Civ 1476 as to what is a fair and reasonable charge to provide probate services. On that basis our fees are calculated in accordance with the following guidance:

1. Hourly rates

Grade A Fee Earner £300.00 + VAT per hour

Grade B Fee Earner £250.00 + VAT per hour

Grade C Fee Earner £200.00 + VAT per hour

2. Value Element

Solicitor not acting as Executor

Value of gross estate less residence 1.0% up to the value of £1

0.33% from £1m - £4m

0.1111% £4m - £8m

0.0555% £8m – £12m

0.0275% over £12m

Value of residence 0.5%

Solicitor acting as Executor

Value of gross estate less residence 1.5% up to the value of £1m

0.5% from £1m - £4m

0.1666% £4m - £8m

0.0833% £8m – £12m

0.0416% over £12m

Value of residence 0.5%

Disbursements

Probate Application fee £150.00

First copy of probate £ 5.00

Subsequent copies price per copy £ 0.50

Official copy of the Register of Title £ 3.00 per document

Official copy of the Title Plan £ 3.00 per document

Official copy of a commonhold common parts register

and title plan £ 3.00

Official copy of a lease £ 3.00

Land Registry transfer fee

Properties up to £1m £ 60.00

Properties value in excess of £1m £125.00

London Gazette deceased’s estate notice fee £ 90.00