Administration of estates are handled by our experienced specialist wills and probate solicitors.

We anticipate the administration of a simple estate will take between 10 and 15 hours work. The currently hourly rate is £325 per hour (plus VAT at 20%.

Total costs are estimated at £3,250 to £4,875 (plus VAT @ 20%). We do not (unlike some banks and solicitors) charge an additional fee based on a % value of the estate.

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 lower.

We will handle the full process for you. Our estimated fees of between £3,250 and £4,875 (plus VAT at 20%) will apply where:

there is a valid will
there is no more than one property
there are no more than two different bank or building society accounts
there are no other intangible assets
there are two residuary beneficiaries and no separate legacies
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.

Disbursements which will be charged in addition to our fee:

probate application fee of £275 plus £1.50p for each additional copy
bankruptcy-only Land Charges Department searches (£2 per beneficiary)
£180 (approximately) advertisement in the London Gazette and the local paper – 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.

Any inheritance tax or other tax liability is a separate liability of the estate (and is not included in our fees or disbursements referred to above).

Potential additional costs

If there is no will or the estate consists of any share holdings (stocks and bonds), substantial assets or multiple beneficiaries, there are likely to be additional costs that could range significantly depending on the estate and how it is to be dealt with. Complexities around Estate income tax and capital gains tax can also affect the costs of dealing with the Estate. We can give you a more accurate quote 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, simple estates are dealt with within 6-8 months as typically, obtaining the grant of probate takes up to 16 weeks months. Collecting assets then follows, which can take about a month. Once this has been done, we can distribute the assets, which normally takes about a month. If there is property within the Estate the time it takes to complete the administration can depend on the time it takes to sell the property.

Where we are dealing with third parties, such as banks, we can only work as quickly as they respond to us, which can in turn have an impact on the amount of time it takes to deal with matters.

If there is a property which is part of the estate which is to be sold, it can take longer to deal with.

In some cases, executors are advised not to distribute the estate until a period of 6 months from the date on which the Grant of Probate was issued as it is possible for certain categories of person to make a claim against the estate if they feel that the deceased did not make adequate provision for them. If the executors distribute the estate within 6 months from the Grant of Probate and a subsequent claim is made, the executors will be personally liable. It is possible to distribute within the 6 months period but subject to the agreement of the executors.

Obtaining Advice

Following bereavement, emotions run high and regrettably tensions can arise between the deceased’s family and friends. While the deceased is usually entitled to leave their estate to whom they wish, this can be challenged if the will is invalid or proper provision has not been left for dependents.

It is important to obtain advice early on. The right to challenge a will or intestacy can be lost if there is any unreasonable delay. Prompt action, such as lodging a caveat at the Probate Court, can often prevent the distribution of the deceased’s assets pending the resolution of any dispute.

Whether you are an executor of an estate, a beneficiary under a will or a dependent who has been passed over, our team of experts can assist you in bringing and defending probate claims and seeking alternative methods to resolve any dispute. Below is advice for you when challenging a will or intestacy, you can also contact our friendly team for further advice.

What are the grounds for contesting a will?

There are a number of grounds which entitle a person with sufficient interest to challenge part or the whole of a will, some examples of reasons for contesting a will can be found below:

Want of due execution

For a Will to be valid, it must usually be in writing and signed in the presence of 2 witnesses who also sign.

Testamentary Capacity

The maker of the will must have mental capacity to sign the will. They must understand what they are doing, the extent of property being given away and appreciate the claims they ought to give effect to.

There is a presumption of sanity and persuasive evidence of lack of capacity will be required where the will was made before an experienced solicitor. Claims based on capacity largely turn on the strength of medical evidence.

Undue Influence, Sham or Fraud

Such allegations can often be hard to prove. A person can exert a bad influence on the will writer without this being sufficient to amount to undue influence.

The court will likely take greater interest in a party who prepares a will under which they receive a benefit.

Property Rights and Promises

Others, such as former cohabitees or business partners, may have an interest in property that is not registered in their name. Though not a claim against the validity of the will, any property rights that existed prior to death will usually continue and can be enforced.

Similarly the court will in limited circumstances enforce promises made by the deceased regarding their property or assets where such promises have been relied upon and it is inequitable for the estate to renege on this.

Mutual Wills

Mutual wills are wills executed by 2 individuals, usually in a relationship, disposing of their property in an identical fashion.

Such wills are rare as these may prevent the surviving individual from changing their will contrary to the terms of the previous mutual will.

Revocation

A Will is usually revoked by marriage, divorce, destruction of the will or by a later will being made.

Inadequate Provision for Family and Dependents

Inheritance Act Claims

The Inheritance (Provision for Family and Dependants) Act 1975 provides for certain family and dependents to make a claim against an estate where reasonable financial provision has not been provided either by the deceased’s will or on intestacy. We are experienced in bringing and defending Inheritance Act claims and can advise you on the potential pitfalls and cost implications.

Who can make a claim?

A claim can potentially be made by the deceased’s:

Spouse / civil partner
Partner living with the deceased for at least 2 years
Divorced spouse (in limited circumstances)
Child
Person treated as a child of the deceased
Person being ‘maintained’ by the deceased immediately prior to his death

What can be claimed

If a claim against the estate has been established, the court has the power to make a wide range of orders against the estate such as a lump sum , trusts or periodic payments. A successful claimant is entitled, from the estate, to either:

Reasonable financial provision as is necessary for maintenance; or
Spouse / Civil Partner - reasonable financial provision

Time Limit

There is a 6 month time limit to bring an Inheritance Act claim from the date of grant of probate. This can be extended in exceptional circumstances.

Factors taken into Account

If no reasonable financial provision has been made the court will consider the following factors in deciding how to exercise their powers:

Financial resources and needs of claimants and other beneficiaries
Deceased’s moral obligation
Size and nature of estate
Capacity of claimant
Claimant’s conduct
Duration of marriage
Education requirements

Glossary

Administrator Person(s) appointed by the court to administer the deceased’s assets upon an intestacy.
Beneficiary Person entitled under will or intestacy to money or other asset from the deceased
Caveat Formal request to the Probate court not to issue a grant of probate while a potential dispute remains outstanding
Executor Person(s) appointed by a will to administer the deceased’s assets
Grant of Probate The authority from the Probate Court confirming the executors have the authority to act on the will
Intestacy An intestacy arises where the deceased dies without leaving a will. The right to administer their estate and division of the deceased’s assets and property are dealt with in accordance with a formula set down in law.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a document which allows you to appoint one or more individuals as your attorneys to deal with your affairs in the event that you are no longer able to make such decisions for yourself or, in the case of your finances, where you decide you would like someone to help you with the on-going management of your affairs.

Property and Financial Affairs LPA

A Property and Financial Affairs LPA gives you the opportunity to retain control of your finances as it is you who makes the decision about who should be appointed to deal with such matters. The powers you give to your attorney can be used at your discretion, such as if you are unable to physically act yourself or if you would like someone to help you in dealing with your affairs as you get older. The powers will also remain in force if you are no longer mentally capable of dealing with these matters for yourself and can no longer give your instructions about how to act.

Health and Welfare LPA

A Health and Welfare LPA allows you to appoint someone who you trust to make decisions about your medical care and physical well-being limited to circumstances when you are no longer able to speak up for yourself, so you know who will be making these decisions for you when you no longer can. It is also possible to give your attorney in a Health and Welfare LPA the authority to give or refuse consent to life-sustaining treatment on your behalf.

When and Why Should I Make a LPA?

LPAs can only be prepared while you are well enough to understand the documents that you are signing and therefore need to be thought about carefully, ideally long before they are actually needed.

If you do not put an LPA in place and you are no longer able to deal with your affairs, an application has to be made to the Court of Protection to sort out your affairs. This is a costly and time-consuming exercise and could lead potentially to someone being appointed to manage your affairs who you would not want to have such control over your assets.

Having an LPA in place is like having an insurance policy - hopefully, you will never need to use it but you can rest assured that if you do need help in the future, as a result of accident, illness or old age, everything is in place to ensure that you will be looked after without delay or unnecessary additional stress.

Court of Protection Solicitors

The Court of Protection is responsible for making decisions for those who lack mental capacity to do so. The majority of their work is for those that are unable to manage their finances.

We can help you with:

the process of applying for a deputy to be appointed
acting as a professional deputy
various problems and issues that arise for deputies whilst carrying out their duties
statutory wills

Contested Wills & Trusts Solicitors

Following bereavement, emotions may run high and regrettably tensions can arise between the deceased’s family and friends.

While the deceased is usually entitled to leave their estate to whom they wish, this can be challenged if the will is invalid or proper provision has not been left for dependents. We are able to assist you with a broad range of disputes in this area of the law.

How to contest a will

It is important to obtain advice early on how to contest a will. The right to challenge a will or intestacy can be lost if there is any unreasonable delay. Prompt action, such as lodging a caveat at the Probate Court, can often prevent the distribution of the deceased's assets pending the resolution of any dispute.

Whether you are an executor of an estate, a beneficiary under a will or a dependent who has been passed over, we can assist you in bringing and defending probate claims and seeking alternative methods to resolve any dispute.

We also advise on:

claims against executors/administrators
requests for information by beneficiaries
Breach of Trust claims

Further Information

Contested Wills and Provision for Dependents: View Online Download PDF