Estate Administration

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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

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