Estate Administration

Whether a person dies with or without a Will there is often the need to apply to the court for a grant so the estate can be properly administered.  If there is a Will it will be the Executors who will apply for a Grant of Probate, if there is no Will it will be the Administrators who will apply for a Grant of Letters of Administration. 

Why use a Solicitor?

It is possible to apply for probate yourself but many estates would benefit from the expertise of a specialist lawyer and do note that the administration of an estate does carry obligations and personal liabilities for those not familiar with the process.  The use of a professional should be considered in the following cases

• Where charities are the beneficiaries
• Large and/or taxable estates
• Where there is no Will and the estate exceeds £325,000
• Wills incorporating trust arrangements
• Concerns as to the validity of the Will or where claims may arise
• Insolvent estates
• Estates where there is no Will and the deceased did not leave a spouse, children or grandchildren

How we can help

Whatever the size and nature of the estate and whether there is a Will or not we can help guide you through the administration.  Our services include:

• Establishing and valuing an estate
• Submitting papers to HMRC if required and facilitating the payment of any inheritance tax due
• Submitting papers to the Probate Registry
• Collecting in or transferring assets as required
• Identifying and tracing Beneficiaries
• Reporting any income or capital gains tax that becomes payable
• Accounting to all parties as to income arising and liabilities paid
• We can also offer a grant only service if you wish to do a lot of the work yourself

Specialist areas:

In addition to the typical issues that arise in most cases, we also offer advice in the following areas:

• The variation of an estate which can help mitigate the tax payable or facilitate the redirection of estate assets e.g. to grandchildren instead of children.
• The setting up of trusts created under the Will or intestacy
• The registration of trusts with HMRC
• Mitigating capital gains tax issues that can arise if assets increase in value during the administration of the estate

How much will it cost?

A GRANT ONLY APPLICATION – FIXED FEES (see below as to what this includes)

• A simple estate where there is no tax to pay – £1,250 plus VAT and disbursements
• A complex estate where there is no tax to pay – £2,500 plus VAT and disbursements
• A complex estate where there is tax to pay – £2,950 plus VAT and disbursements

FULL ADMINISTRATION COSTS

• A full administration – this will depend on the size and nature of the estate and will be based on the hourly rate of the member of the team instructed.  Once we have more information as to the size and nature of the estate we will be able to give you an estimate of the likely costs.

DISBURSEMENTS

The current probate court fee is £300 plus £1.50 for each copy of the grant required.

Other possible expenses will include:

• Land Registry office copies – £7 plus Vat
• Trustee Act notices – £92.20 plus Vat for the Gazette plus the cost of placing an advertisement in a local paper which will vary
• Bankruptcy search fees – £2 per name plus Vat

What does our Fixed Fee include?

Our fixed fee quotes are based on a predicted scope of work but sometimes the matter will go beyond this and in such cases we do reserve the right to increase the fees.  The above quoted fees will include:

• A meeting either in person or via Teams to discuss your requirements and take your instructions for the administration of the estate. 
• If there is no Will, confirming you are eligible to apply for the Grant of Letters of Administration under the Intestacy Rules
• The opening of our file and providing you with our Client Care letter and terms of business
• Based on the information provided by you, we will prepare a spreadsheet detailing the assets and liabilities of the estate. This information will be used to draft the application forms either online or on paper depending on the type of application.
• Th preparation of the inheritance tax forms if required
• The application papers will be sent to you for approval. This can be either by post or by email according to your preference.
• Making any amendments required.
• Once the application papers have been approved:
  • for non-taxable estates the papers will be submitted to the Probate Registry either online or by post depending on the type of application.
  • for taxable estates the Inheritance Tax papers will be submitted to HMRC and direct payment forms will be sent to the relevant financial institutions for the tax to be paid if applicable.  HMRC will issue the estate with a unique code once they are satisfied the correct tax has been paid. The code is used to complete the application form which will be submitted to the Probate Registry
• Upon receipt of the Grant of probate, forwarding the copies to you so you can continue with the administration of the estate.

How long will it take?

The full administration of an estate can take up to two years if not longer depending on the complexity.  Even the most simple of estates can take 6 months.  It is always advisable to expect it to take longer than perhaps you first thought.

What do I do now?

Begin by gathering together as much financial information as possible and then make an appointment with a member of the team to discuss the estate administration process and your requirements. 

Probate and estate administration team

For further details of our services, please call a member of our probate and estate administration team on 01543 420000 or email willsandprobate@keelys.co.uk

Catherine Elliott

Wills, Trusts and Probate | Head of Department | Partner

Experience

Catherine is a Partner and Head of the Wills, Trust and Probate Department. Catherine is an experienced Private Client Lawyer and joined Keelys in November 2017 from Shoosmiths in Birmingham. Catherine is a qualified adviser for elderly and vulnerable clients and a member of STEP.

Practice Area

Her specialties include Wills, Tax Planning, the Administration of the Estates of High Net Worth individuals, Lasting Powers of Attorney, and the creation and administration of trusts. She has also advised on issues relating to domicile and contentious probates. Catherine has also presented at a number of seminars for both advisors and clients.

Qualifications

Solicitor

Interests

When not at work Catherine enjoys yoga, pilates, the cinema and looking after her grandchildren.

Phone:01543 420016

Email:celliott@keelys.co.uk

Helen Phillips

Wills, Trusts and Probate | Legal Executive

Experience

Helen qualified as a Fellow of the Chartered Institute of Legal Executives in 1993. Helen joined Keelys in January 2020 having previously worked for a large firm of Solicitors in Walsall for twenty one years and then for ten years at a firm in Cannock. Since 2001 Helen has specialised in all aspects of Private Client law.

Practice Area

Helen deals with the preparation of Wills including basic Wills, Wills for couples to protect assets from long term care fees or remarriage and discretionary trusts Wills. She is also experienced in the administration of estates including complex estates liable to Inheritance Tax and intestate estates, advising on and preparing Lasting Powers of Attorney, the registration of Enduring Powers of Attorney, Deputyship applications to the Court of Protection and Trustee applications for incapacitated co-owners of property.

Qualifications

FCILEx

Reporting to

Head of Wills, Trusts and Probate department: Catherine Elliott

Interests

Away from work Helen enjoys cooking, travelling, walking and spending time with her family.

Phone:01543 420022

Email:hphillips@keelys.co.uk

Helen Jolly

Wills, Trusts and Probate | Associate Partner

Experience

Helen is an experienced Private Client Solicitor who joined Keelys in May 2022. She is an accredited member of The Association of Lifetime Lawyers, and has over 18 years’ experience advising in all areas of Private Client law. 

Practice Area

Her specialties include Wills, both basic and the more complex care home planning and/or Discretionary Trust Wills. She also specialises in Tax Planning, the Administration of the Estates (including for High Net Worth individuals), Intestacies, Lasting Powers of Attorney, the creation and administration of Trusts, and Court of Protection work. She prides herself on being able to explain complex issues to clients in a way that makes it easy for them to understand.

Qualifications

Solicitor

Reporting to

Head of Wills, Trusts and Probate department: Catherine Elliott

Interests

When not at work Helen enjoys singing, and attending musical events and theatre. She also enjoys swimming, walking, bike riding, and spending time with her family.

Phone:01543 420480

Email:hjolly@keelys.co.uk

Lisa Edge

Wills, Trusts and Probate | Advanced Paralegal

Experience

Lisa’s legal career began in regulatory law and she has worked in house for several regulatory bodies including the General Medical Council.  In 2020, Lisa became qualified to write Wills in 2020 and joined Keelys in 2023 as an Advanced Paralegal.  She is a member of the Chartered Institute of Legal Executives.

Practice Area

Lisa specialises in Wills, both basic and those requiring trusts to help plan for potential care costs, remarriage and the modern day family.  She also specialises in Lasting Powers of Attorney.

Qualifications

MCILEX

Reporting to

Head of Wills, Trusts and Probate department: Catherine Elliott

Interests

Outside of work Lisa loves to run.  She has completed the London Marathon three times for Brain Research UK raising over £6,000

Phone:01543 420026

Email:ledge@keelys.co.uk