E & C Solicitors, 57 Hythe Street, Dartford, Kent. DA1 1BG

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Indicative Legal Fees and Disbursements for an application for a Grant of Probate/Letters of Administration, and the administration and distribution of the deceased's estate

Important Terminology going forward:

  • Probate - the legal process of applying for "legal authority" to administer a deceased person's estate.
  • Grant of Probate - this is the "order" granted by the Probate Registry stating there was a valid Will and the "executor" has the authority to administer the Will and the Estate.
  • Letters of Administration - this is the same as a Grant of Probate, however "Probate" is reserved for those who have a Valid Will. Letters of Administration is what is granted for those deceased persons who has passed away without a Will ("intestate"), and an "administrator" is appointed to administer the Estate.
  • Executor/Administrator - the person granted legal authority to administer the Estate.
  • VAT - Value Added Tax; charged at 20%.

References to a "Grant" or "Grant of Probate" include applications for Letters of Administration unless otherwise stated.

There are a number of services that we can provide you in respect of the above, and these are as follows:

  1. Full Service (application for a Grant and administration of the estate) - this is where we will make the application for the grant of probate/letters of administration as well as collect the assets and distribute the net estate to those named beneficiaries (including the drafting and submission of any relevant Inheritance Tax forms).
  2. Full Service (Excepted Estate) - this is the same as at "1" however without the requirement for the drafting and submission of the Inheritance Tax Forms as the estate is below the relevant threshold or has claimed relevant reliefs to bring it below the threshold.
  3. Apply for a Grant (without estate administration) - this is where we will make the application for the grant of probate/letters of administration, and then pass the administration of the estate on to you as the executor to collect any assets and distribute the net estate to those named beneficiaries.

Key Stages and Time Estimates

Dependent on the service you wish to engage us in will depend on the key stages for the Probate process. However, in general a full service would following:

  • Obtaining your instructions and assessing the assets, liabilities and value of the Estate along with calculating (if any) Inheritance Tax ("IHT") Liabilities;
  • Submitting the Probate Application along with any IHT Forms (if any);
  • Informing interested parties such as beneficiaries and debtors of the Estate of the grant;
  • Collecting the assets of the Estate
  • Paying any debts owed by the Estate
  • Distributing the net Estate to the beneficiaries.

We cannot guarantee the actual time from the point of instruction to the point of the grant of probate being received as the application process at the Probate Registry takes on average up to 16 weeks to make a grant.

We further cannot guarantee an actual time frame as we have yet to determine the extent of the estate, and as such would need to contact third parties prior to making the application for the grant of probate to determine the value of the estate, which may take some time to obtain such responses. However, on average the whole process could take 6 months upwards, depending on the complexity of the estate.

Our Legal Fees & Disbursements

As you are instructing us on a private basis, our legal fee is based on our hourly rates, which vary dependent on the experience of the member of staff handling your matter and are subject to the addition of VAT. The hourly rates range as follows:

  • Victor Aigbogun (Solicitor): £350.00 + VAT per hour
  • Linda Atele (Licenced Conveyancer): £250.00 + VAT per hour
  • Charles Kelly (CILEx Advanced Paralegal): £200.00 + VAT per hour

The Law Society also provides guidance on what can be charged in respect of Probate matters, and this includes an additional percentage between 1.75% and 2.25% which is based on the "value of the estate".

1. Full Service

Our estimated legal fees range between £2,500.00 - £4,000.00 + VAT for this service (not inclusive of the Law Society Guidance on the Value of The Estate).

We can only provide an estimate of our legal fees on this basis as it will depend on the complexity of the estate of the deceased. There are many elements to a deceased's estate which we will need to factor in once the full picture of the estate becomes clearer, i.e. how many (if any) properties are included, bank accounts, pensions, life insurance policies etc, each having their own complexities in handling in an estate administration.

Our legal fees are based on the "straight forward" process for an application for a grant and administration of an estate and this generally includes matters such as:

  • There being a valid Will/or clear beneficiary in terms of an Intestate Estate;
  • There being no assets outside of the UK;
  • There are no disputes between parties to the Will or other parties excluded from the Will/or beneficiaries in of an Intestate Estate;
  • There are no claims made against the Estate.

As noted above, disbursements are those costs that are paid to third parties and the following are those usually incurred for an application for grant of probate:

  • Probate application fee: £0.00 for Estates below £5,000.00;
  • £300.00 for Estates over £5,000.00 as at (2nd July 2024)
  • Additional copies of the Grant: £1.50 (per copy)
  • Estate Search Financial Profile: £195.00 + VAT
  • The Gazette Notice: £92.00 + VAT
  • Bankruptcy Search against each executor and beneficiary: £3.20 (per search)

**If we are instructed to act in relation to the sale and purchase of any property, these services are not included and will be additional costs**

2. Full Service (Excepted Estate)

Our estimated legal fees range between £1,500.00 - £3,000.00 + VAT for this service (not inclusive of the Law Society Guidance on the Value of The Estate).

This is the same service as at number "1" however, this does not include the drafting or submission of Inheritance Tax Forms. Disbursements for this service are also the same as in number "1".

3. Apply for a Grant (without estate administration)

Our estimated legal fees range between £1,000.00 - £2,500.00 + VAT for this service (not inclusive of the Law Society Guidance on the Value of The Estate).

We can only provide an estimate of our legal fees on this basis as it will depend on the complexity of the estate of the deceased. There are many elements to a deceased's estate which we will need to factor in once the full picture of the estate becomes clearer, i.e. how many (if any) properties are included, bank accounts, pensions, life insurance policies etc, each having their own complexities in handling in an estate administration.

Our legal fee covers the "standard work" required to make an application for a grant of probate, this will include such matters as:

  • Collecting the relevant information from relevant parties to determine the value of the Estate;
  • Determining the correct probate application and any additional documentation that will be required in order to make the application for a grant;
  • Drafting and having the relevant application signed by the executor/administrator and sending this to the relevant Probate Registry or submitting the same online if applicable;
  • Calculating Inheritance Tax Liability (if any), and preparing the relevant forms for submission;
  • Sending to you any original and copy Grants of Probate upon completion of the application.

Disbursements for this service are also the same as in number "1".

**Please take note that legal fees and disbursements are not the same and are charged separately; legal fees refers to the fee you are paying us for work undertaken and varies; whereas disbursements are those costs that are related to your matter which become payable to third parties, for example the application for the grant is a court fee which is payable to HM Courts and Tribunal Services, and is a disbursement. Estate and Corporate Solicitors do not control the costs of disbursements and they may vary depending on the third party.**

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