We like to say that Probate just means Permission.
We like to say that Probate just means Permission.
When someone passes away, their belongings (money, personal possessions etc) cannot just be simply handed out to loved ones. Instead, permission to do this is needed and it comes in the form of document from the Probate Office.
If there’s a Will, permission is usually given to the Executor named within the Will and the document is called a Grant of Probate.
When there isn’t a Will, or when there is but the Executor can’t / won’t act, the closest living relative to the person who has passed away can apply for permission. They can’t be called an Executor so instead are called the Administrator (with the same role and responsibilities of the Executor). Permission comes in the form of Letters of Administration.
The Probate Office require a fee of £273 to consider and approve the application for permission.
For the Probate Office to grant permission, there are a number of tasks that need to be completed including assessing the value of the Estate (the belongings mentioned above) and confirming whether any inheritance tax is due.
If there is inheritance tax (also known as IHT) due, it needs to be paid for the permission from the Probate Office to be given.
Once the Executor or Administrator has permission, they are then tasked with paying any debts (mortgage / credit cards etc) and then distributing what’s left. If there’s a Will, it acts as the instructions for who receives what from the remaining Estate.
Where there is no Will, the Administrator will follow what are known as the Rules of Intestacy. These rules act as a set order of inheritance priority. For example, the first £322,000 of an estate (or all of it if the estate is worth less than this amount) automatically is given to the husband / wife / civil partner.
There are instances where Probate isn’t straightforward. Questions can arise about whether a Will is valid or whether the known wishes of the person who has passed away are expressed within the Will. Has the person been pressured into writing a Will that doesn’t express his / her / their wishes?
Those inheriting (known as the beneficiaries) can also sometimes become involved in a disagreement as to how the inheritance is divided.
Where a beneficiary feels that they have not been adequate provided for in the Will (or under the Rules of Intestacy if there is no Will), they may have what is known as a Dependency Claim. These claims must be brought within 6 months of the date of the Grant of Probate / Letters of Administration.
If you have any questions about Probate or believe something to be wrong but aren’t sure of the legal position, we offer a free initial consultation where we can discuss your worries / issues and what action is available to you.
We offer Probate services in the following 3 ways:
| Service | Cost (including VAT) | Details |
| Initial Advice (30 Minutes) | Free | We offer a free 30-minute consultation where we can discuss your Probate needs / concerns and whether we can help you. |
| Permission Document Only | £780.00
| We pride ourselves on providing Executors and Administrators with as much information as possible with the aim of giving them knowledge and confidence to carry out their responsibilities.
If you feel like you can carry out most of the duties yourself but just need some help in obtaining the permission document (Grant of Probate / Letters of Administration) then we offer this service on a fixed fee basis. |
| Full Service | 1% of the Gross Estate | In many cases, the larger the value of the estate, the greater the task is for carrying out the role of Executor / Administrator.
To accommodate for that, we charge a fixed rate of 1% of the gross estate value (the total value of all assets before debts are paid) as our fee for carrying out all responsibilities on behalf of the Executor / Administrator. This includes all IHT forms and communicating with all parties.
Example:
Gross Estate Value: £250,000 Our Fee including VAT: £2,500
|
| Contentious / Dependency Claim | £250 per hour | For legal help of this nature, we offer an hourly rate (£218 + VAT). This ensures that you only pay for what you need us for. |
It’s important to notify you that our fees do not include fees due to the Probate Office or Court. For instance, a Grant of Probate requires an application fee of £300.