Your local probate solicitors serving Oxfordshire, Bedfordshire and Staffordshire
As part of our professional rules, we aim to ensure that anyone wishing to use our services has the information they need to make an informed choice of legal services provider, including understanding what the costs may be.
Why instruct SMQ Legal Services?
At SMQ Legal Services, we offer a friendly and efficient service in helping you to plan for the future. From our conveniently-placed offices in Kidlington, Oxford, Luton, Bedford and Burton-on-Trent, our approach to clients is one of friendliness and efficiency. Our services include advice about preparing a Will, creating a Lasting Power of Attorney, estate planning or the creation of Trusts. We are also able to assist with estate administration after a loved one has died. We understand that this is a very difficult time and our aim is to make the administration of an estate as easy for our clients as possible. We are regularly instructed by executors to administer and distribute estates or the firm itself is appointed as the executor.
Occasionally clients feel comfortable distributing the estate themselves and seek our assistance in obtaining the Grant of Probate only. We can also help in situations when someone dies without a Will or where a Will has not been located. The administration of an estate in these circumstances is often more complicated but it is our aim to make this as straightforward for you as possible.
Likewise, we are also highly experienced in dealing with Inheritance Act claims and in circumstances where the validity of a loved one’s Will is in dispute. We offer a committed service and strive to provide grounded and robust advice to ensure that you do not enter into any unnecessary proceedings.
To assist our clients, we have set out below an indication of the likely costs involved in Probate matters along with an indication of the timescales. If you have any questions please don’t hesitate to contact our team of expert wills, trusts and probate solicitors by making an enquiry today.
Estate Administration: Applying for the grant, collecting and distributing the assets
What the service includes
We will:
- Provide you with a dedicated and experienced probate solicitor 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 and liaise with all relevant organisations
- Complete the Probate Application and the relevant HMRC forms
- Draft a Statement of Truth for you to sign
- Make the application to the Probate Registry on your behalf
- Obtain Grant of Probate and office copies
- Deal with closure of accounts, collect in estate funds and pay any liabilities
- Prepare a final estate account and distribute the estate to the beneficiaries
Anticipated charges and expenses
As we have stated earlier, it is difficult to be precise about the anticipated costs as the exact cost will depend on the individual circumstances of the matter. Therefore, we have set out below the estimated costs of a typical, straightforward transaction.
For this example we have assumed:
- There is a valid will
- An estate in which there are no more than three bank accounts;
- No more than one property in the sole name of the deceased;
- No debts;
- No likelihood of the estate being insolvent;
- No significant lifetime gifts;
- No shareholdings;
- No trusts to be established;
- No dispute between the beneficiaries on the division of the assets;
- No Inheritance Tax payable and the Executors do not need to submit a full IHT return to HMRC;
- No requirement to use the transferable nil rate band or residence nil rate band;
- No other intangible assets;
- No claims made against the estate;
- No agricultural or business element to the estate;
- No foreign element to the estate.
Administration of estates work is either charged on a time spent basis or as a percentage of the gross estate:
Estimated time required: 16 hours
Hourly rate: £230.00 per hour (probate specialist)
Our fees: £3,680.00 excl. VAT
VAT at 20%: £736.00
Total £4,416.00 + disbursements (see below)
Gross value of the estate: £600,000.00
Charging rate: 1% £6,000.00 Excl. VAT
VAT at 20%: £1,200.00
Total £7,200.00 + disbursements (see below)
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. Disbursements in addition to the above fees can include:
- Probate application fee: £273
- Office copies of the Grant of Probate: £1.50 per copy
- Bankruptcy-only Land Charges Department searches: £2.00 per beneficiary
- Section 27 Trustee Act notice fee (this protects the Trustees against creditors): £300.00 – £400.00
- Land Registry fees depending on the value of the property and whether it has been registered before. Please note that higher-value unregistered property can cost up to £680 and properties over £1M even more: £30.00 – £400.00
- Land Registry search fees: £3.00 plus £0.60 VAT
- Copy Death Certificate and any other Certificates required: £11.00 per Certificate
The selection of disbursements shown above are not always charged as they are very dependant on the circumstances of the deceased and the survivors.
Factors that would increase the costs of your matter
- Not having all of the paperwork available or having incorrect information that needs investigation and correction;
- Third parties not responding to our communications promptly;
- Dealing with unusual, foreign or complex assets or items;
How long will this take?
It is difficult to estimate with any precision how long a Probate matter will take as it will be influenced by many factors, some of which are outside of our control. However, on average, estates that fall within this range are dealt with within 6-9 months.
Application for Grant of Probate only
What the service includes
We will:
- Provide you with a dedicated and experienced probate solicitor 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 Statement of Truth for you to sign
- Make the application to the Probate Registry on your behalf
- Obtain the Grant of Probate and securely send copies to you
Anticipated charges and expenses
We can help our clients through this difficult process by obtaining the Grant of Probate on their behalf. Our typical costs below assume that we are instructed to seek Grant of Probate only, that no full Inheritance Tax Return requires to be completed and submitted to HMRC, and all financial information is supplied by the Executor.
Fixed fee: £950.00 excl. VAT
VAT at 20%: £190.00
Total £1,140.00 + disbursements (see below)
Our typical costs for an application for Probate where a full Inheritance Tax Return is required to be submitted to HMRC is as set out below.
Fixed fee: £1,250 – £1,750 excl. VAT
VAT at 20%: £250.00 – £350.00
Total £1,500 – £2,100 + disbursements (as above)
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. Disbursements in addition to the above fees include:
- Probate application fee: £273.00
- Office copies of the Grant of Probate: £1.50 per copy
Please note the above indicative figures are for obtaining a Grant of Probate only and do not include the administration of the estate.
How long will this take?
It is difficult to estimate with any precision how long such a matter will take but, on average, such applications are dealt with and finalised within 8-16 weeks.
Make an enquiry
Our Wills, Trusts & Probate Team
Andrew Brackenbury
Martin Baker
George
Robin Skinner
FAQs Regarding Wills
What is a will?
A will can be described as : “A written legal declaration of an individual’s intentions as to how he or she wishes to dispose of their property after death”.
- It only takes effect on death.
- It is a “living document” so can be changed during lifetime as long as testator maintains mental capacity to do so.
Why is having a Will important?
If you die without a Will, your estate will be dealt with by the strict rules of intestacy, which sets out who inherits from your estate and how much. This means that you will have no control over how and to whom your assets are distributed to.
The rules of Intestacy may not be in accordance with your wishes and someone you did not wish to inherit from your estate may stand to. Equally, if married, your spouse will only inherit a percentage of your estate, whereas you might wish for them to inherit it all.
A Will therefore protects your family and guarantees that parts of your estate are not given to anyone you do not wish it to go to (e.g. an ex-spouse).
Furthermore, having a Will can ensure that your estate is as tax efficient as possible, meaning your family will not have to pay a penny more in inheritance tax than they need to.
What makes a Will valid?
-
For a Will to be valid according to English Law it must comply with Section 9 of the Wills Act 1837 which states it shall be executed as follows:
- It must be signed by the testator (or some other person in his presence and at his direction)
- The testator has to sign the Will with his usual signature and any signature may be acceptable as long as it was made with the intention of giving effect to the Will.
- Such signature to be made or acknowledged by the testator.
- In the presence of two or more witnesses both present at the same time, who then each sign or acknowledge their signatures in the presence of the testator (but not necessarily in the presence of each other). This process is known as the “attestation” or “execution” of the Will.
- The witnesses must be able to see the testator sign; therefore, they must not be blind.
- The Will must be dated, either at the beginning or at the end of the Will.
What are some examples of acceptable signatures?
- A Will signed by a mark only.
- An incomplete or indecipherable signature.
- A Will signed by some other person in the presence of and at the direction of the testator.
- In these circumstances it may be signed by the other person with the testator’s name or their own name.
- A Will signed in foreign characters or in shorthand.
- A Will signed with words such as “Mum” or “Your Loving Mother” as long as there is no doubt as to whom the signature belonged.
- Sometimes a hand-written Will may appear on the face of it to be unsigned and therefore invalid. (Wood v Smith [1992]).
What makes a Will Admissible to Proof?
For a Will to be entitled to proof in England and Wales under section 9 of the Wills Act 1837 it shall:
- be in writing – a Will may be in handwriting, but may also be printed e.g. typed or produced by word processor. In fact, “in writing” means any visible form of representing words, including shorthand, Braille and code, provided that the code can be deciphered.
- take a gift of property situate in England and Wales or appoint an executor – The testator must have attempted one or both of these things.
Exception – Guardianship of Minors Act 1971 S 4.
Who can Witness a Will?
Section 15 of the Wills Act 1837 states that the witnesses should not be:
- Beneficiaries named in the Will or;
- The spouses/civil partners of such beneficiaries.
- If someone witnesses a Will and later on marries one of the beneficiaries, this will be acceptable, as they were not married at the date of the Will. If the witness is either a spouse of a beneficiary or the beneficiary himself, then according to the Wills Act, the Will is valid but the gift to the beneficiary will fail.
- Witnesses do not have to be over 18, but they have to be capable of understanding the nature of the document they are witnessing and the implications of it.
What are my responsibilities as a witness?
The witnesses are there to ensure that the testator:
- Is making his Will of his own volition and understands what he is doing.
- The witnesses do not have to see the content of the Will but have to see the testator sign in the presence of him/her self and the other witness and then sign in the presence of the testator.
- Witnesses are bound by law to give the Probate Registry or any other proper authority (e.g. police, Crown Court) any information asked for regarding the execution of the Will. If the witness refuses to give such information they may be subpoenaed to attend and give evidence. If a subpoena is issued and they still do not attend they can be arrested.
Who can make a Will?
- Anyone who has the relevant capacity.
- The test for capacity was set out in the case of Banks v Goodfellow (1870) – The testator must understand;
- The nature of the act (i.e. making a Will) and its effects;
- The extent of the property of which the testator is disposing, although just a broad recollection is enough;
- The claims to which the testator ought to give effect i.e. the persons who are fitting of the testator’s bounty or rather those who ought to receive a benefit.
- What if I am not mentally capable of making a Will?
Statutory Wills – If a proposed testator is not mentally capable of making a Will, then there are provisions under the Mental Capacity Act 2005 and the Court of Protection Rules 2007 which give the Court of Protection (COP) power to authorise a Will made on his/her behalf. In order for a Statutory Will to be made, an application has to be made to the COP.
- Testator must be over 18.
- Can you make a Will if you are under the age of 18?
Privileged Wills – If a proposed testator is 17 or over and is on active military service with the armed forces, then he/she is entitled to make a Privileged Will under Section 11 of the Wills Act 1837 and the Wills (Soldiers and Sailors) Act 1918. This can be made in accordance with a different set of rules, other than those set out in Section 9 of the Wills Act 1837 (e.g. it does not have to be in writing, but any Will made in writing, need not be witnessed).
Can I revoke/cancel my Will if I wish?
-
- A will can be revoked (cancelled) during the testator’s lifetime as long as he/she has the requisite capacity to revoke it.
- A will may be revoked by:
- Marriage (unless made in contemplation of marriage).
- Destruction.
- Later Will or codicil.
- Dependant Relative revocation.
- Revocatory Instrument.
Some Important Keyword Definitions:
- A testator (male) / testatrix (female) who has made a Will or given a legacy.
- A beneficiary is someone who receives something in a Will.
- An executor is someone who is named in the Will as responsible for dealing with the estate.
FAQs Regarding Probate
What is Probate?
In English Law, Probate is the word used to describe the legal and financial processes involved in dealing with the assets of a person who has died.
Before the executor of the Will can claim, transfer, sell or distribute any of the deceased’s assets, they may have to apply for a Grant of Probate (a legal document which gives them special legal authority to deal with the deceased’s estate).
How Does the Probate Process Work?
The exact probate process can vary depending on the instructions left in the Will and the assets, creditors, and beneficiaries the estate has.
The basic process for an executor is:
- Gather the full details of the estate’s assets and debts.
- Apply for Grant of Probate (authority to distribute assets from the deceased’s estate).
- Complete an inheritance tax return and pay any tax due.
- The receipt of a Grant of Probate.
- Repay any of the deceased’s outstanding liabilities.
- Distribute the rest of the estate according to the instructions left in the Will.
How Long Does Probate take?
For most estates, this will take around a year. However, the answer really depends on the size and complexity of the estate (i.e. if there are any disputes between the executor, beneficiaries, creditors, or HMRC).
Who Can Apply For Probate?
Only the executor can apply for probate to administer the deceased’s estate.
What if the deceased does not have a Will?
If someone dies without a Will, they are said to be ‘intestate’. The rules of Intestacy will dictate who can apply for a Grant of Administration to administer the estate instead. The then appointed administrator must distribute the assets from the deceased’s estate in accordance with The Intestacy Rules.