Personal matters

We normally view the administration of a UK estate in two stages:

Stage 1

Stage 1 comprises all steps leading to obtaining the Grant of Representation. On average it takes up to 6 months from the date we are instructed to obtain the Grant.

The stage 1 steps are likely to require all or any of the following:

• Advice in initial meetings on the law of wills, succession and probate

• Advice on inheritance tax (IHT) in relation to the estate and any lifetime gifts or transfers made by the deceased, including advice on exemptions and reliefs from IHT and possible sources of payment

• Performing a search of the National Wills Register

• Advice on the availability or otherwise of the IHT nil rate band, residence nil rate band and any transferable nil rate band or transferable residence nil rate band able to be claimed

• Collating details of the assets and liabilities as at the date of death, obtaining formal valuations where appropriate

• Dealing with pensions and insurance policies which may fall outside the scope of the will

• Preparing and submitting an inheritance tax return in respect of the estate and paying any IHT which may be due on its delivery

• Preparing the papers required to lead to an application for a Grant of Representation (probate or letters of administration)

• Lodging the application for the Grant of Representation (and sufficient office copies) at the probate registry and dealing with all enquiries raised by the probate registry

Stage 2

Stage 2 comprises all work post-Grant until the estate is wound up and this stage can take a further 6 months – or longer in complex cases. It depends upon the assets involved (e.g. if there is a property to be sold) and how complicated the estate’s tax affairs are. Dealing with many beneficiaries can also delay matters.

The stage 2 steps are likely to require all or any of the following:

• Producing the Grant to all interested parties and collecting in the assets of the estate

• Discharging all known liabilities

• Advice on the legal duties and responsibilities of the personal representatives (executors or administrators) with regard to a due administration of the estate

• Reporting to HMRC on the income tax and capital gains tax of the administration period. If the tax affairs of the estate are regarded as complex, attending to registration on HMRC’s estate register

• Agreeing final IHT liability with HMRC and arranging payment or refund as required

• Advice on the statutory time limits and periods of notice with reference to the Administration of Estates Act 1925, Trustee Act 1925 and the Inheritance (Provision for Family & Dependants) Act 1975

• Dealing with any claims made in relation to the estate and affairs of the deceased, and reporting at regular intervals on the administration

• Arranging for the preparation of estate accounts in respect of the administration of the estate

• Distributing the estate in accordance with the terms of the will or intestacy rules

• Registration of any on-going will trust on HMRC’s Trust Register

• Obtaining all necessary forms of receipt and discharge to protect the personal representatives on final distribution

• Advice as required in relation to all matters arising in relation to the administration of the estate.

How we determine our fees

We will give a written estimate of the likely costs, both at the time of engagement and at appropriate times as the matter progresses. We do this by estimating the time it will take us to perform the necessary and/or agreed steps based on the information you provide to us about the deceased and the estate.

We will update the estimate as the matter progresses.

The time required will depend upon the complexity of the administration considering, for example, the number of assets, liabilities, executors and beneficiaries.

Our estimated fees for some example estates are set out below.

Example Estate A

UK estate within nil rate band of £325,000 comprised of two bank accounts and a stockbroker-managed portfolio (although deceased was foreign domiciled and had assets in the foreign jurisdiction). One cash gift with rest of estate passing to two adult beneficiaries.

Estimated fees - £5000 to £6000 plus VAT.

Example Estate B

No inheritance tax due as transferable nil rate band claimed. Estate comprised of a property, a number of bank and building society accounts, national savings and investments, personal possessions, shareholdings and investments managed by a financial advisor. Estate due equally to two adult beneficiaries.

Estimated fees - £14,000 to £16,000 plus VAT

Example Estate C

Transferable nil rate band and transferable residence nil rate band claimed, IHT payable on residue and reduced rate claimed on assets passing to charity. Lifetime gifts to disclose and estate comprised of a property, two bank accounts, personal possessions, shareholdings and debts due to the deceased as well as foreign assets in Jersey. In addition loss relief was claimed on the sale of property and a deed of variation was entered into. Gifts of specific items and gifts of cash before estate split four ways.

Estimated Fees - £40,000 to £50,000 plus VAT

Example Estate D

Death registered, funeral arranged, house cleared in full. Estate comprised a house, numerous bank and building society accounts, personal possessions and several shareholdings. We acted in all matters including clearing and selling property and going through all paperwork as deceased left no close family. Will left 20 gifts of cash sums then estate split between four charities.

Estimate Fees – £50,000 to £55,000 plus VAT

We update our rates from May each year and from May 2025 our hourly rates are as follows:

The following steps are normally excluded from our costs estimates for probate/estate administration, but we will provide separate costs estimates if required:

• Registering the death of the deceased and arranging the funeral

• Dealing with a search of the deceased’s property and arranging for clearance of its contents

• Practical matters relating to the management of any property owned by the deceased

• The sale of any property owned by the deceased

• Matters relating to the on-going management or sale of any business interests of the deceased

• The liquidation and repatriation of assets held outside the UK

• Arrangement of a commercial loan for the payment of IHT where other options exhausted

• Preparation of any outstanding tax returns relating to the lifetime of the deceased

• If there are on-going will trusts, advising the trustees as to their administration and preparing any documentation they require

• Advising on any potential variation of the will or intestacy distribution

• Dealing with any dispute arising in the estate

• Preparing a new will for anyone affected by the estate

We are obliged to charge VAT on our professional fees, the current rate being 20%.

Unless specifically agreed with you at the outset:

• our charges will be framed in accordance with the provisions of the Solicitors’ (Non-Contentious Business) Remuneration Order 2009 (as amended) and

• we will not charge a fee based on a percentage of the estate’s value.

As well as our professional fees there may be other expenses payable by the estate to third parties such as:

• probate court fees - £300 plus £1.50 per court-sealed copy required

• advertisements for creditors - £200-£300

• valuations of property, personal items and stocks/shares – variable

• bankruptcy searches - £7 per beneficiary name

• genealogy fees for tracing family members entitled to estate – variable and as required

VAT will be charged on the disbursements where applicable.

Time scale and key stages

As set out above, there are two main stages for a probate/estate administration and, in summary, the first stage (to obtain the Grant of Representation) can take up to three to six months from the date we are instructed and then the second (to conclude the administration) can take a further 6 months - or longer in complex cases.

Interim distributions from the estate may be possible before the administration is concluded.

Who will be dealing with your estate administration?

Your probate/estate administration will be dealt with or led by one of our key contacts (see below). You will have a named contact who you will deal with directly by phone or email.