Probate & Estate Administration Solicitors
Losing a loved one can be an extremely emotional and difficult time. Here at Peter Peter & Wright we have a team of Private Client lawyers who specialise in Probate and Estate Administration services who will guide and support you through the legal process that must often be followed when someone dies.
The Probate process can be complex and long winded, and it is often too much for families to deal with at a time when they are trying to grieve. Our specialist Probate and Estate Administration team are on hand to help you through every stage of the process in an empathetic and professional manner.
No two estates are the same and we can assist you with a straightforward estate right through to the more complicated estates. Our Estate Administration services can be tailored to your needs, and we can do as much or as little as you would like us to from Grant applications right through to an entire estate administration.
Our Probate and Estate Administration team can deal with the following:
- Applying for a Grant of Probate
- Applying for a Grant of Letters of Administration or any other Grant of Representation that may be required
- Reporting and updating the Executors and obtaining their instructions
- Identifying and contacting the beneficiaries of an estate and carrying out the necessary identification and Anti Money Laundering checks
- Dealing with the assets and liabilities of an estate
- Dealing with sale/transfer of an estate Property and any Land Registry requirements
- Estate administration
- Preparing Estate Accounts which are required by law
- Distribution of the estate in accordance with the Will/Intestacy Rules
Sometimes a claim may be brought against an estate, or a challenge may be made against a Will. If an estate administration becomes contentious then our Litigation Department can deal with any disputes.
Contact our probate & estate administration solicitors today
Please telephone our Probate and Estate Administration team and we will be happy to help you. You can either fill out your enquiry on our website and someone will get back to you soon.
Our probate & estate administration services
Applying for Grant of Probate
If someone dies leaving a Will, it is the role of the Executors named in the Will, to administer the estate and distribute the assets in accordance with the Will. Where someone leaves a Will, any Grant required will be called a Grant of Probate. If there is no Will (please see below) the Grant is called a Grant of Letters of Administration.
It is sometimes possible to administer an estate without applying for a Grant of Probate. Whether a Grant of Probate is required will very much depend on what assets someone had when they died. If there are sole assets i.e. a Property, Premium Bonds, ISAs, shares etc then a Grant of Probate is likely to be needed.
The process for applying for the Grant of Probate will vary depending on the assets and value of the estate.
Our highly experienced Probate and Estate Administration team can assist you with each stage of the Grant of Probate application.
Applying for Letters of Administration
If someone dies without leaving a Will then the Intestacy Rules will apply to their estate, and it will be called an ‘Intestate Estate’.
The law surrounding an Intestate Estate sets out the order of people who are entitled to apply to become the Administrator of the Estate (which is not unlike the role of an Executor). The Intestacy Rules determines who is entitled to inherit an Intestate Estate and in what share.
If a Grant of Letters of Administration is required to deal with the assets of an Intestate Estate, then our specialist team can assist the Administrator(s) with the Grant application.
Identifying and notifying beneficiaries
As part of our Estate Administration services, we will notify any beneficiaries and or legatees named in a Will. Where appropriate, we will keep the residuary beneficiaries updated throughout the course of an estate administration.
With an Intestate Estate we can assist with locating potential beneficiaries.
In some cases, it can be difficult to trace potential beneficiaries, and it may become necessary to instruct a specialist company to locate missing beneficiaries.
Whether we are dealing with beneficiaries of a Will or under an Intestacy, we will carry out the necessary identification checks and Anti Money Laundering checks for compliance with current Government Anti Money Laundering Rules.
Estate administration
The administration of an estate involves several stages i.e. ascertaining the assets and liabilities, establishing the Inheritance Tax position, applying for the Grant of Probate/Grant of Letters of Administration, contacting/verifying beneficiaries, dealing with HMRC, the Probate Regsitry, dealing with encashment/transfer of the assets, settling the liabilities, preparing estate accounts and then distributing the estate.
Even the simplest estate can take a long time to complete and there are often further delays when dealing with Government bodies along the way i.e. the Probate Registry, The Land Registry, HMRC etc
At an already difficult time, when you are going through the grieving process, our specialist team can take away the strain of dealing with the estate administration which is one less thing for you to worry about.
Contentious probate & estate disputes
Contentious Probate covers any dispute which may arise against someone’s estate or if there is a challenge made against the validity of a Will.
This might be a claim brought by a disgruntled beneficiary who has not received as much (or nothing at all) as they thought they might from someone’s Will. Or there could be concerns about the testamentary capacity of the person who has died and whether their Will is valid.
Whether you want to make a claim or whether you are facing a contentious probate/estate claim we have a specialist litigation solicitor who can advise you.
Why choose our probate & estate administration solicitors?
Our Probate and Estate administration department will help guide and support you through each stage of the estate administration process.
We appreciate and understand that this is an extremely upsetting time for you and your family, and we will help you through the process in a caring and sensitive way.
We will explain the estate administration process to you in plain English and we will be kind and compassionate, whilst acting for you in a professional manner.
We have a wealth of experience in dealing with estate administrations and we pride ourselves on providing you with a personal and bespoke service tailored just for you.
Frequently asked questions about probate & estate administration
What is probate?
Probate is a legal process that recognises the Executors of a Will as the only people who can rightly deal with someone’s estate when they have died. Once the Grant of Probate has been issued, the named Executor(s) on the Grant of Probate are entitled to deal with the assets of someone who has died. This might include the Executor closing bank accounts, selling shares or dealing with the property of the person who has died.
Being an Executor is a very responsible role, and Executors can be held personally liable if they do not deal with the administration of the estate correctly. Therefore, Executors will often entrust us to act on their behalf to ensure that the estate is administered correctly.
How long does probate take?
That is a good question, and the timeframe often depends upon which route the Grant of Probate was applied for and how complex the estate is.
Normally (but not always) if the estate is straightforward and not taxable the Grant of Probate can be applied for online, and it will usually be issued in around 2 months’ time from submission of the application.
The Grant of Probate is likely to take longer to issue if the estate is taxable, or even if it is not taxable but if an IHT Account must still be submitted (depending on HMRC rules) and if so, it may take 6 months for the Grant of Probate to issue.
Our specialist team will be able to give you a clearer indication of timescales as this will depend on the estate.
What does estate administration involve?
Whilst each estate is different, the process on an estate administration is much the same.
Estate administration involves sorting out all the affairs of the person who has died. In the immediate aftermath of a death, this will involve registering the death and arranging the funeral. Next, we will register the death with the various asset companies where the person who has died held money i.e. the bank, building society, NS&I, investment companies etc
Once the assets and liabilities have been ascertained we will work out if there is any Inheritance Tax to pay along with any reliefs and exemptions that can be claimed i.e. Agricultural and Business Property Relief.
The Grant of Probate (or other relevant Grant of Representation) can then be applied for and once the Grant is issued, the assets can be encashed or transferred. Once the estate is in funds, the liabilities/any tax can be paid from the estate.
Once the assets and liabilities have been dealt with, we will prepare estate accounts which will show the balance for distribution. We will then deal with distribution of the estate as per the Will/under and Intestacy.
What are the fees for probate services?
This is an example of our current costs for a full estate administration:
Applying for the Grant or Probate, collecting in and distributing the assets.
We anticipate this will take between 10 hours and 20 hours work at £310 per hour plus VAT at 20% for all qualified fee earners and Partners and £275 per hour plus VAT at 20% for all other fee earners.
Total costs estimated at 10 – 20 hours which is therefore costs in the region of between £3,100 - £6,200 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. This quote 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 no more than 5 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 do not need to submit a full account to HMRC
There are no claims made against the estate.
In addition, there will be the following disbursements payable and where applicable VAT is added at 20%:
- Probate application fee of £300 approximately.
- Bankruptcy-only Land Charges Department searches £2.40 inc VAT at 20% per beneficiary.
- Anti Money Laundering check of £5 plus VAT at 20% per beneficiary and for each Executor/Administrator.
- £300 Statutory advertising notice in The London Gazette and a Local Newspaper – Protects 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.
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 each.
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 6 - 12 months. Typically, obtaining the Grant of Probate takes 8 – 12 weeks if it is a straightforward online application. It can take longer to issue Grants of Probate. Collecting assets then follows, which can take between 4 - 6 weeks. Once this has been done, we can distribute the assets, which normally takes 3 - 4 weeks.
Grant of Probate only fixed fee
We can help you through this difficult process by obtaining the Grant of Probate on your behalf. You would then deal with the estate administration yourself.
How much does this service cost?
- Probate application from £975 plus VAT.
- Simple IHT Return (online) from £1,450 plus VAT.
- Complex/taxable (or would be but for reliefs) from £1,950 plus VAT.
Plus disbursements as per the list above (not exhaustive).
As part of our fixed fee we will:
- Provide you with a dedicated and experienced probate solicitor or other suitably qualified or experienced fee earner 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 Probate Statement for you to sign.
- Make the application to HMCTS on your behalf.
- Obtain the Probate and send you the copies so that you can continue with the estate administration.
On average, estates that fall within this range are dealt with within 6 - 12 months. Typically, obtaining the grant of probate takes 8 - 12 weeks.
Is there a difference between probate and estate administration?
Probate is the name for the Grant of Probate whereas estate administration is the legal process that must be followed to deal with a loved one’s estate.
We can act for you in applying for the Grant of Probate should you wish to deal with the estate administra
tion yourself. Or we can act for you and deal with the entire estate administration from start to finish.
Contact our probate & estate administration solicitors today
If you would like our help dealing with an estate administration or if you would just like us to act for you in obtaining the Grant of Probate/Grant of Representation, then please do not hesitate to get in touch and we will be pleased to assist you.