Probate and Estates

Dealing with the loss of a relative is never easy, but our wealth of professional experience here at Cozens-Hardy LLP means that we are well placed to provide the support that you require at such a difficult time.

Our team has over 50 years of combined experience in dealing with the management of estates ranging from the very simple to the very complex and involving elements of business, agricultural and heritage property.

The first bit of advice – and perhaps the most important – is 'don't panic'. Banks, building societies and similar establishments are likely to initially confront you with phrases such as 'Grants of Representation', 'Grants of Probate' or in cases where an individual has not left a Will, 'Letters of Administration’. Our team of Probate practitioners is here to explain in plain English what this all means and to help you to successfully deal with everything.

What exactly is Probate?

If an estate is worth more than a set amount (usually a few thousand pounds), then banks will not release funds to Executors of a Will without a Grant of Probate (if a person left a Will), or a Grant of Letters of Administration (if a person died without having left a Will). A Grant of Probate or Letters of Administration is effectively the Probate Court's empowerment of Executors or family to deal with and collect in a person's estate and distribute the estate accordingly. We specialise in assisting with the application for Grants of Probate and then, if required, dealing with the full administration of a person's estate which can involve the sale of property and personal effects both in the United Kingdom and worldwide.

Dealing with a loved one’s estate can seem an overwhelming task – and applying for probate can be immensely stressful and confusing.

Let us help you during this difficult time.

Probate and estate administration - average costs

This includes the collection and distribution of money, property and other assets belonging to a person following their death, these average costs are where the assets are within the UK and the matters are not contested.

Our average fee for this type of work is £7560 (+ VAT at 20%). This figure is an average based on estates finalised by us over the last 12 months. The actual cost to you will depend on a number of factors which we can discuss with you as soon as we have the necessary details of what might be involved. 

We can handle the full process for you. This average quote would be for an estate where:

  • There is a valid will 
  • There is a property 
  • There are a number of bank accounts 
  • There are 2 or 3 beneficiaries 
  • There is a simple Inheritance Tax account to be declared and tax to be paid from cash assets 
  • There are no claims or disputes made against the estate 

The exact cost will depend on the individual circumstances of the matter. For example, if there is one beneficiary, a simple uncontested will and an estate with a few bank accounts the costs will be lower than an estate where there are multiple beneficiaries, a number of properties and complicated assets. 

If the estate is intestate (where there is no Will) or there is a dispute between beneficiaries on the division of assets this is likely to lead to an increase in costs. 

Our charges are based on the time we spend and a 1% value element on personal assets and a 0.5% charge on property value. Our hourly rates range between £145-£280 depending on the experience of the fee earner carrying out the work. These charges are subject to VAT at 20%. 

These fees do not include any external costs and charges that we may incur as part of the administration (eg tax, penalties, repayable benefits, fees and charges). If the process involves selling a house or flat and we deal with the conveyancing then that will be charged separately at our normal rates, details of which can be found here

Usual Disbursements (where applicable VAT is included at 20%) payable in addition to this fee are:

  • Probate application fee of £273 and £1 per extra copy 
  • Bankruptcy search of £2.40 per beneficiary 
  • Optional S.27 Notice in the London Gazette and Local Newspaper Advert to protect against unexpected claims from unknown creditors of approximately £370 depending on location

Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process. 

We understand the stress and emotion surrounding a recent bereavement. The Executor’s role is onerous and we have produced a leaflet that explains the work involved in administering an estate which we will undertake. Click here to view our leaflet. 

In general terms when dealing with an estate on your behalf we will: 

  • Provide you with a dedicated and experienced probate lawyer to work on your matter 
  • Assess the validity of testamentary documents 
  • Identify the legally appointed executors or administrators and beneficiaries 
  • Accurately identify the type of Probate application you will require 
  • Obtain the relevant documents required to make the application including the date of death details of assets and debts 
  • Assess whether the estate is subject to inheritance tax 
  • Complete the Probate application and the relevant HMRC forms 
  • Arrange for the payment of any inheritance tax necessary before the Probate is issued 
  • Obtain the Probate 
  • Collect all of the assets in the estate 
  • Pay any debts and legacies 
  • Deal with any income or administration tax 
  • Prepare estate accounts 
  • Make the final distributions to the residuary beneficiaries

 Where there are no complicated tax issues, once all of the assets are ascertained, it can take between 4-6 months to obtain Probate. Once Probate is granted collecting assets then follows, which can take between 4-12 weeks (a sale of a property can take longer). Once this has been done, we can distribute the assets which normally takes a further 4-6 weeks.

The work will be carried out by our experienced team whose details can be found by clicking on the links below.

Please contact us by telephone 01603 625231 or email privateclient@cozens-hardy.com  if you would like a personalised quote for assistance with an estate.

To find out more, call us on: 01603 625231