Wills & Probate

The above fees cover the drafting and signing of two straightforward wills – 90% of wills are in this category. If your requirements are for a more complex will, then an individual quotation will be provided. In this case, it is very unlikely that the fee will exceed £500.00

These wills are often used where a second marriage or partnership requires decisions to be taken about children from previous relationships, or where there is a desire to mitigate the impact of care fees.

A single LPA can cover either finances or health and welfare. A discount as outlined below covers instances when two or more Powers are drafted at the same time. Please see the list of disbursements below which may be chargeable in addition to these fees.

This may be required if a relation of yours has lost capacity and you need to take control of their affairs. If there is no valid Power of Attorney, then you may need to apply to the Court of Protection for an order appointing you as Deputy (similar to an Attorney). These can be quite complex applications requiring a lot of information, and a quote will be given to you after our initial meeting.

This is an application for a grant of probate or letters of administration where you provide us with information about the assets and debts in the estate. We prepare an application based on the information provided by you, and we send to you the Grant of Probate for you to deal with the distribution of the estate. Our work is limited to the preparation of the tax return and the grant application.

The price difference reflects the value of the estate. Estates which are liable to inheritance tax require a longer tax return, whereas simpler estates require less paperwork.

We deal with all kinds of estates, and our prices differ according to the complexity of each case. We offer a fixed fee service which covers 95% of all applications but can also quote for a more complex matter on a case by case basis.

1. Applying for a Grant of Probate (where there is a valid will) or a Grant of Letters of Administration (where there is no will, often known as intestacy)

We offer a fixed fee service for two kinds of application:

• An application where there is no inheritance tax to pay – £400.00.
• In addition, there will be an application fee payable to the court £155.00 plus £1.50 for each sealed copy of the grant.

You will provide the original will and details of executors. If there is no will, you will provide a list of details of next-of-kin. In both cases, you will also provide details of the assets of the deceased, and details of any debts and liabilities.

On the basis of figures provided by you, we will prepare the Statement of Truth, and the tax return to enable you to get the Grant. We will provide you with the Grant and the appropriate number of sealed copies.

You will then be able to use the grant to deal with the assets and liabilities in the estate.

• An application where there is inheritance tax to pay – £800.00
• In addition, there will be an application fee payable to the court £155.00 plus £1.50 for each sealed copy of the grant.

You will provide the original will and details of executors. If there is no will, you will provide a list of details of next-of-kin. In both cases, you will also provide details of the assets of the deceased, and details of any debts and liabilities.

On the basis of figures provided by you, we will prepare the Statement of Truth, and the tax return to enable you to get the Grant. We will indicate how much inheritance tax you will need to pay, and we will obtain the grant after the tax has been paid. We will provide you with the Grant and the appropriate number of sealed copies.

You will then be able to use the grant to deal with the assets and liabilities in the estate.

It is important to note that in the two fixed-fee examples above, we do no investigation of assets and liabilities. We rely on you to give us as correct and accurate information as you can provide. You will sign the application forms and the tax return, and you are required to declare that the contents are true.

In addition to the above, we can place an advert in the local and national press which protects executors against any unknown creditors.

Approximate Fee £280.00

1. Full administration of the estate

Our charges are 1.2% of the gross value of the estate.

In this case, we apply for the grant (as above) but we also write to asset-holders, and creditors of the deceased. We may make an asset search, and trace missing persons. We will advertise for unknown creditors. We will then provide an accurate picture of the estate of the deceased at the date of death, and use those figures as the basis of the application and the tax return.

We calculate the inheritance tax due and organise payment. (Please see HMRC Inheritance Tax calculators at www.gov.uk Death and Bereavement).

We obtain the grant and collect the assets. We pay the debts. We prepare full estate accounts, and when these are approved, we make a distribution of the estate.

In addition, there are disbursements as follows:

Application fee for grant – £155 plus £1.50 for each additional copy.

Notices in the local and national press for unknown creditors – £280.00 (approx)

Search fees for missing beneficiaries – £50.00 per person

Bankruptcy searches against the name of a beneficiary – £2.00 plus VAT

Missing / Lost Asset Search – £200.00 plus VAT (approx)

Lost share certificates – an indemnity charge for each shareholding – £94.00

Please note that not all of these will apply to each case, and we will advise you in advance of which disbursements are necessary.

Please also note that the above fixed -fee rate only applies where there is a valid will, or clear next of kin; where there is one property, no more than ten bank/building society accounts, and other investments. Also, where there are no more than 10 beneficiaries.

This fixed fee does not apply where there are disputed assets, beneficiaries, or wills.

Expected time-scales

A simple fixed fee Grant of probate

This usually takes between four and six weeks from the point at which the signed application and tax forms are returned to the office. It is then up to you, as the executor or administrator, to decide when to close the bank accounts, sell the property, and distribute the assets.

A full administration of the estate

This can take from 4 – 12 weeks to gather in all the information, and then a further 4- 6 weeks to get the grant. Again, the executors / administrators may then decide on how quickly to distribute, but it usually takes a further 2-3 weeks to close the deceased’s bank accounts. The sale of property may take some length of time.

Where assets or liabilities are more difficult to trace, then the process has to be delayed until that information is found.

In the case of inheritance tax-liable estates, please allow an additional 8-10 weeks for HMRC to deal with the tax calculations.

Please note also that wherever we depend on third parties to provide information, we cannot guarantee final dates.

Our People

A fully qualified solicitor will work on your matter at all times.

Our Consultant Solicitor, Mark Cannon, will advise you on the type of application you will need to make and will provide the appropriate documentation for that application; and apply for and receive the Grant. All monies collected from the estate will be placed in Forrest Solicitors Client Account, and, if any interest is accrued, it will be paid to the estate.

About Mark Cannon

MARK CANNON- CONSULTANT SOLICITOR

Mark is our Private Client Consultant dealing with wills, probate, Lasting Powers of Attorney, trust matters, care fee planning, inheritance tax advice, and the Court of Protection.

He qualified with Wallwork & Co in Chorley in 2007, and worked for two regional firms in Lancashire before moving to part-time work in Settle, and also acting as a Consultant Private Client solicitor at Forrest Solicitors.

These are payments which we have to make to third parties on your behalf in the course of our work for you.