How we charge for our services
Probate and Estate Administration (uncontested)
Team Members and Supervision
The members of Trethowans Private Client team are independently recognised as experts in their field by legal directories Chambers UK and The Legal 500. The team is frequently recommended by existing clients, many of whom have a long standing relationship with the firm, as well as by professional intermediaries.
Your matter would be dealt with by a lawyer specialising in probate and estate administration and any work undertaken would be supervised by a Partner or a Team Leader with a minimum of ten years experience. Details of the individuals within the team and their qualifications and experience can be found in their profiles.
Fees and Charging Structures
The fee information set out in this document relate specifically to those services in the ‘Services’ section and are indicative only. Once the full details relating to your particular matter are understood, we will provide a specific fee proposal which, upon confirmation of our instruction through a signed client engagement letter and terms of business, will form the contractual basis upon which we will deliver our services.
During the progress of any matter it is possible that our fee estimate may increase or decrease, due to a change in your instructions, due to an increased level of complexity or should new information come to light or circumstances change. Should this be the case, we would discuss this with you at the time and agree any changes before progressing.
Any additional services required outside those set out in the agreed client engagement letter and terms of business would be quoted separately on an individual basis.
Services
Estate Administration – full or partial
On average, estates are administered within 12 – 18 months of the date of death. However, the level of complexity involved in the administration of an estate can have a significant impact, not only with regard to the timeframe but in relation to costs too.
To assist in providing more clear and accurate estimates we have laid out the information in this table using varying levels of complexity.
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- Simple complexity – Typically from receiving instructions, obtaining the grant of probate takes between 20-24 weeks. Collecting assets then follows, which can take a further 8-12 weeks unless there is a property to be sold in the administration period. If so then the timeframe would be dependant on the property sale being completed. Once the sale of any property in the estate has completed, we would usually look to distribute the remaining assets of the estate in a further 8-12 weeks. However this can be subject to receiving income tax clearance, the expiry of creditor notices and on the basis that no claims are made against the estate (within 10 months of the Grant of Probate).
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- Medium complexity – The timescales are fairly similar to those as stated above. The differing factor being that tax clearance will be required from the revenue prior to issuing probate. This will delay the matter by 4-8 weeks. Probate will therefore likely be obtained between 24-32 weeks. The remaining timeframes are as stated above.
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- High complexity – If the asset of the estate are more varied and particularly if agricultural property, business property or overseas assets are involved, it will take significantly longer to ascertain the values for the Inheritance Tax account. Typically we would look to have the information available to submit the account between 8-16 weeks of receiving instructions. Obtaining probate would therefore likely be achieved within a timescale of 30-44 weeks.
How we would charge for our services
Whether the estate is Simple, Medium or High complexity, all our work is carried out at the hourly rate of the fee earner dealing with the matter. There is likely to be more than one fee earner carrying out work on your matter at any one time to ensure that the work required is carried out by a person with the correct expertise and at the correct hourly rate. The work required in administering an estate can vary widely and there is no such thing as an ‘average’ estate. Our fees can range from as little as £3,500 to over £50,000 (plus VAT of between £700 to £10,000) depending on the circumstances
The fees estimates provided above are subject to the following assumptions:
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- That disbursements relevant to the matter will be payable in addition to those fees, as set out below; and
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- Any services which fall within the ‘not included’ section below will be payable in addition to those fees.
What these fees include
Included within this service, we shall:
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- Provide you with a dedicated and experienced probate lawyer to work on your matter
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- Identify the legally appointed executors or administrators and beneficiaries
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- Accurately identify the type of Probate application you will require
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- Obtain the relevant documents/information required to make the application
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- Advertise Trustee/creditor notices, where necessary
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- Complete the Probate Application and the relevant HMRC forms
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- Make the application to the Probate Court on your behalf
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- Obtain the Grant of Representation (Probate)
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- Obtain Inheritance Tax clearance, where necessary
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- Collect all assets in the estate
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- Settle all estate debts and administration expenses
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- Distribute all cash legacies and personal items as per the terms of the Will
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- Prepare financial accounts of the estate and make final distributions to beneficiaries
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- Preparation of tax deduction certificates
What these fees do not include
Not included within this service is:
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- Preparation and filing of Income Tax returns to the date of death and for the administration period (work of this nature is carried out separately on request)
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- Any form of Inheritance (PFD) Act or Probate claim made against the estate (work of this nature is carried out within a separate department at Trethowans
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- Tax planning advice to Beneficiaries (available separately on request)
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- The setting up and running of any trusts created by the Will (available separately on request)
Should a bank transfer be required, these incur an administrative charge of £12 (faster payment) or £48 (telegraphic transfer) (including VAT) in addition to any other fees.
VAT
Unless expressly stated otherwise, all of the fees and disbursements referred to would be subject to VAT, payable in addition, calculated at the standard rate of 20%.
Disbursements
Disbursements are additional costs related to your matter that would typically be incurred by us on your behalf to ensure that the matter progresses in an efficient manner and would be added to your bill for payment together with your fees.
The disbursements that you could expect to be charged in respect of these matters include:
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- Probate Registry fees – £300 (if the value of the estate is over £5,000) plus £1.50 per court sealed copy (you may be asked to provide this upfront). There is no fee if the estate is £5,000 or less.
- Statutory Creditor Notices – £200 to £400
- Bankruptcy Searches- £2 per name
- Land Registry OCE – £3 per title
Additional disbursements can arise for valuing assets within the estate and the disposal of such assets. Where applicable, quotes will be obtained.
Assumptions
Set out below are specific assumptions relating to the different levels of complexity as set out under full Estate Administration above.
Simple complexity
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- There is no more than one property, to be transferred to beneficiaries.
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- There are no more than two bank or building society accounts.
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- Personal belongings dealt with by beneficiaries.
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- Any investments are limited to National Savings products.
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- There are no more than three beneficiaries.
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- There is no ongoing trust created by the Will.
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- There is no Inheritance Tax to pay and the executors do not need to submit a full Inheritance Tax Account to HMRC.
Medium complexity
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- There is no more than one property to be sold or transferred.
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- There are no more than five bank or building society accounts.
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- Investments are limited to three product providers and two private holdings.
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- Assistance with distribution and clearance of personal belongings.
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- There are no more than five legatees and four residuary beneficiaries.
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- There is no ongoing trust created by the Will save for a trust for minors.
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- There is no Inheritance Tax to pay but a full Inheritance Tax account is to
Services
Grant only Administration
Key stages in delivering our services
From receiving instructions (including all relevant information and documentation) typically obtaining the grant of probate takes between 16-20 weeks if a full inheritance tax account is not required. It will be between 20-24 weeks if a full account is required.
How we would charge for our services
Grant only Administration
This will be based on a fixed fee as follows:
- Where an Inheritance Tax account is not required then our minimum fixed fee is £2,000 plus VAT.
- Where an Inheritance Tax account is required it will be a minimum of £3,500 but the actual fixed fee will depend on the complexity of the matter. (NB The fixed fee does not apply if Inheritance Tax is payable.
The fees provided above for Grant only Administration services are subject to the following assumptions:
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- That disbursements relevant to the matter will be payable in addition to these fees, as set out below; and
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- The basis on which we would charge for dealing with any services which fall within the ‘not included’ section below.
What our fees include
As part of our fixed fee we will:
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- Provide you with a dedicated and experienced probate lawyer to work on your matter
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- Identify the legally appointed executors or administrators and beneficiaries
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- Accurately identify the type of Probate application you will require
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- Complete the Probate Application and the relevant HMRC forms
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- Make the application to the Probate Court on your behalf
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- Obtain the Grant and provide you with sealed copies
What our fees do not include
Not included within this service:
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- Obtaining the relevant documents/information required to make the application.
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- Preparation and filing of Income Tax return to the date of death (work of this nature is carried out separately by an in-house accountant).
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- All Administration work following the issue of the Grant of Probate (available separately on request).
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- Any form of Inheritance (PFD) Act and Probate claim made against the estate (work of this nature is carried out within a separate department here at Trethowans).
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- Tax planning advice to Beneficiaries (available separately on request).
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- The setting up and running of any trusts created by the Will (available separately on request).
VAT
Unless expressly stated otherwise, all of the fees and disbursements referred to would be subject to VAT, payable in addition, calculated at the standard rate of 20%.
Disbursements
Disbursements are additional costs related to your matter that would typically be incurred by us on your behalf to ensure that the matter progresses in an efficient manner. These would be chargeable by us in addition to the fees set out above.
The disbursements that you can expect to be charged in respect of a Grant only Administration are as follows:
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- Probate Registry fees- £300 (if the value of the estate is over £5,000) plus £1.50 per court sealed copy (you may be asked to provide this upfront). There is no fee if the estate is £5,000 or less.
Assumptions
General assumptions
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- All Executors are known.
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- The existence of a Will is known and can be supplied.
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- All documentation/information required to complete the Probate application (including the Tax return) is provided.
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- There is no Inheritance tax to pay.
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- The deceased was domiciled in England and Wales.
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- There are no intangible assets.
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- There are no business or agricultural assets.
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- All assets are situated in England and Wales.
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- That no claims proceed against the estate.
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- There are no disputes between executors.
- Third parties completing documents and returning in a timely fashion.