Obtaining a Grant of Probate and dealing with the Administration of Estates

Our firm’s charges are calculated partly by reference to the time spent by the solicitor and executive staff in dealing with each individual matter, and partly on the value of the estate being administered.

We give details below of those charges, and illustrations of how those charges are calculated. These are for your general information only. Please note that, as your own matter may vary from the illustrations given, these are intended as guidelines only.

To assist you in obtaining a more precise estimate of the likely fees in dealing your own matter, Nicholson Portnell therefore offer a free 20-minute interview. If you bring with you basic details about the assets in the estate, we will then prepare an individual fee estimate for you, with no obligation.

Our experienced team of solicitors will guide you through the process needed to deal with the administration of an estate. Our firm’s charges will cover advising and attending on you and others, dealing with papers, correspondence, telephone calls, travelling and waiting time. The firm’s categories of fee earners and their current hourly charge-out rates are set out below. Charging rates are normally reviewed in January of each year so, if the matter has not been concluded by the end of the present calendar year, our charges may increase accordingly.

Added to the bill will be certain additional expenses (such as court fees) and charges which are a necessary expense in the course of the administration of the estate. It is normal practice to raise interim invoices for work done to date.

Our charges also contain an element based on the value of the estate. This is because the value is a reflection of the importance of the matter and consequently the responsibility of the firm. Therefore, we will also charge 1% of the gross value of the estate (excluding any residence in which the deceased resided in respect of which the charge will be 0.5%).

Hourly charging rates are currently as follows:

Solicitors 8 years qualified or more £275 per hour

Solicitors 4-8 years qualified £218 per hour

Other solicitors or Legally experienced Fee Earners £177 per hour

Trainee Solicitors £126 per hour

VAT is payable on all of the above at the prevailing rate (currently 20%).

The staff who deal with the administration of estates are as follows: –

Partners:

Mr. Alan Douglas

Alan has 16 years of post-qualification experience in dealing with the administration of estates and is also a member of the Society of Trust & Estate Practitioners.

Alan deals exclusively with private client work, which in addition to the administration of estates includes the drafting of Wills and Trusts, Inheritance Tax planning, Lasting Powers of Attorney and Court of Protection work.

Miss. Laura Vivien Murphy

Laura returned to Nicholson Portnell in 2023, having qualified as a solicitor with the firm in 2010.

Specialising in private client work, Laura has particular experience in the administration of complex and high value estates.

Laura is a member of the Society of Trust and Estate Practitioners.

Please click here for fuller details about us.

Illustrations of the basis of our charges

Note: these examples are fictional to protect client confidentiality but show how our charges are calculated.

A straightforward case – Mrs J deceased

On the facts set out below we would charge in the region of £1,584 plus VAT for the administration of the estate. This example assumes that Mrs J was a married woman, and her husband was appointed as the executor of her estate and asked us to assist him in obtaining a Grant of Probate to her estate, and dealing with the administration of her assets, including payment of the legacies she had left in her Will. We would estimate that we would be able to obtain the Grant of Probate and deal with the distribution of the legacies within approximately 3 months from being instructed. The reasons this matter would be relatively straightforward are: –

J’s house was in joint names with her husband, so no conveyancing was needed.
No Inheritance Tax was payable.
The assets we would collect and distribute were one savings account and one investment account having a total value of £40,000.00.
There were only two beneficiaries in addition to Mrs. J’s widower, who were both adults. No trust or other complexities were involved.
J. had a valid Will.
J. was prompt and well organised in responding to our request for papers and information about the assets.
There were no disputes between the beneficiaries on division of the assets, and no claims against the estate.

In addition to our bill there would be disbursements. These would be the same at any firm. They would be made up of a probate application fee of £273.00 (no VAT), and bankruptcy only land charges department searches of £4.00 (plus VAT).

Additional disbursements, at the request of the executor, would be in the region of £104.00 (plus VAT) for a legal notice in the London Gazette and a further payment in the region of £75.00 (plus VAT) for a legal notice in a local newspaper, both to help protect against unexpected creditors of the estate.

A typical case – Mr G deceased

On the facts set out below we would charge £4’530 plus VAT and disbursements. For this example, we assume that Mr. G was a widower who had died leaving a property worth £300,000.00, five individual share- holdings with a total value of £25,000.00 and five individual savings accounts with a total value of £30,000.00, and legacies to five adult grandchildren. Two of his children are appointed as executors by a valid Will.

We also assume that Mr. G had a third child, whom he had not benefited under the terms of his Will. We would advise the executors that we would be able to obtain the Grant of Probate for them, and deal with the entire administration of the estate (subject to the sale of the property which would depend on a purchaser being found) within approximately 12 months of receiving instructions.

The additional factors to be taken into account would be: –

Although the total value of the estate was in excess of the Inheritance Tax free amount (please see HM Revenue & Customs web site for details as to when Inheritance Tax is payable) we would be able to assist the executors in claiming unused inheritance Tax allowances from the estate of their late mother, who died before Mr. G, meaning that overall no Inheritance Tax would be payable.
The children named as executors were able to promptly respond to our request for papers and financial information.
As there was a child of Mr. G’s not mentioned in the Will, we would advise the executors not to distribute the estate for a period of up to 10 months from the date of the Grant of Probate (which explains why the administration would take longer – the assets may well have been administered before then, but we would advise them not to distribute for a period of up to 10 months from the grant of probate, in case that child was able to make a valid claim against the estate).
The beneficiaries would wish the shares and investments to be cashed and distributed.
There was no dispute with HM Revenue & Customs about the value of the property.

In addition to our bill there were disbursements. These would be the same at any firm and for this illustration would be made up of: –

Probate application fees of £279.00 (no VAT) (slightly higher than in the previous case, as additional copies of the Grant of Probate would be required for dealing with the additional shareholdings), and bankruptcy only land charges department searches of £10.00 (plus VAT).

Additional disbursements, at the request of the executors, would be in the region of £104.00 (plus VAT) for a post in the London and a further payment in the region of £75.00 (plus VAT) for a post in a local newspaper, both to help protect against unexpected creditors of the estate.

These two examples are on the basis that we deal with the whole of the administration of the estate. If this is the case, we take the responsibility for the whole of the matter, including the receipt of all funds due to the estate, and their distribution to the beneficiaries, providing you with an efficient service, and helping to relieve you of some of the stress of dealing with the matter. Alternatively, we would be happy to provide advice or assistance on specific aspects of the administration (such as obtaining the grant of probate) on an hourly charge basis.

Potential additional costs

If there is no Will or there are disputes over an estate, this will increase the cost of administration. Other factors which would increase the overall costs of administration, and the time taken to administer the estate, would be estates which include foreign assets and estates which include agricultural or business property. This is because these estates require a full Inland Revenue Account to be submitted to H M Revenue & Customs, and negotiations may need to be conducted with the District Valuer appointed, to agree the value of the assets in question, and any reliefs against Inheritance Tax that may be available. Further factors which may affect the costs of administration are estates with a large number of beneficiaries, large numbers of separate assets and/or complex assets and trusts, and estates requiring ongoing trusts for young beneficiaries. Please see H M Revenue & Customs website for explanations about the calculation of Inheritance Tax. If Inheritance Tax is payable, this would be in addition to the costs and disbursements described.

Additional time involved in dealing with these matters is charged at our hourly charging rate. If at any time after we had given our initial fee estimate, additional work arose which may increase the cost of administering the estate, we would advise you immediately before proceeding with further work.

The prices quoted for the above estates does not include any costs in connection with preparing income tax returns, if they may be required during the administration of the estate. They also do not include the costs of the sale of or transfer of the title to any property involved in the estate.

We would like to stress that as each matter is so individual the best method of proceeding is to ask us for a 20-minute free interview and we can then provide a full fee estimate based on your own individual circumstances.

We also offer fixed fees for dealing with straightforward Wills and Lasting Powers of Attorney. Please contact any of our team for a costs quotation, and/or for details of our prices for dealing with more complex Wills, Inheritance Tax Planning and Trusts.

The law requires solicitors to get satisfactory evidence of the identity of their clients. Our standard practice is to meet with our client in person and inspect their original passport or photocard driving licence and an original utility bill with their address on it (that is dated within the last three months). If it is not possible for us to meet with our client in person to verify their identity, or for our clients to supply the appropriate identification documents, we may need to carry out electronic identification checks. The electronic identification checks will result in a cost of £5 plus VAT per person.

Contact Nicholson Portnell

For more information contact our Private Client Department : Tel: 01434 603656