Probate and Estates

Our Probate and Estates specialists are qualified solicitors with over 10-years post qualified experience in dealing with Probate and Estates of various sizes including large and taxable Estates. We will apply our expertise to administer the Estate efficiently and expeditiously from start to finish.

We have set out an indication of our costs below, however costs may vary depending on the type of assets and complexity of the Estate for example, Surveyors fees, Expert Valuations and House Clearance estimates. For an individual “no obligation” estimate of our costs please either telephone us on 0161 485 8131 or email karenh@minahan-hirst.co.uk. Alternatively, please send your enquiry using the Contact Form.

We will also advise on Inheritance Tax and Capital Gains Tax liabilities, if applicable to the Estate.

Timescales for complex Estates

If an application has to be made to HMRC (so either pay inheritance tax and/or obtain clearance when applying for residential nil rate band or transferable residential nil rate band reliefs), this initial stage can take eight weeks before the application for a Grant of Probate can be lodged. This means that the timescale for obtaining the Grant of Probate can take up to six months from initial instructions and thereafter, if there is a property to sell, the length of time to cash in all the assets and prepare estate accounts can take an average period of twelve months from the date of initial instructions.

If a claim is made against an estate this can result in a delay to distributing any assets until at least six months after the Grant of Probate is issued and if there is litigation this can sometimes lead to a delay of twelve to eighteen months depending upon the nature of the claim.

Timescales

In order to obtain a Grant of Probate and/or Letters of Administration the value of the estate must be calculated.

To submit an application for a Grant of Probate(with the original Will) the Probate Registry are quoting sixteen weeks to process such applications. During this period of time the Executor may only have access to modest sums (generally below £50,000) in bank accounts.

Application for Letters of Administration (where there is no Will). Applications are submitted to the Newcastle Probate Registry who are currently taking in excess of six months to process such applications.

Our Costs

  • To assist a client in obtaining the Grant of Probate where there is no inheritance tax payable. To include an assessment of the valuation of the estate, preparation of Legal Statement incorporating gross and net value in support of the application for a Grant of Probate or Letters of administration.

    Costs -set fee £750.00 plus VAT@ 20% (£150.00) total legal fees £900.00 plus disbursement payable to the Probate Registry £273.00 plus £1.50 for every additional sealed copy of the Grant of Probate.

    Current timescales for processing Grant of Probate application with Original Will -sixteen weeks.

    Current timescales for processing Grant of Probate application without a Will -six to eight months

  • To deal with obtaining a Grant of Probate including filing inheritance tax schedules to claim relief including residential nil rate band and transferrable nil rate band for a former deceased spouse, for a simple estate (on property and up to three bank accounts) and dealing with the assets and liabilities and preparation of estate accounts (excluding cost of sale of property)

    Costs -hourly rate £195.00 plus VAT@ 20%, total costs £234.00 per hour plus Probate fee of £273.00 plus £1.50 for every additional sealed copy of the Grant of Probate.

    Current timescales for processing Grant of Probate application with Will sixteen weeks plus additional time to encash assets which can vary dependent upon the time taken to sell a

    property. So could be twelve months to eighteen months from the date of initial instruction.

  • Dealing with a complex estate, inheritance tax payable more than one property or a large number of bank accounts, share portfolio and/or trust asset including preparation of inheritance tax schedules to value the estate and arranging payment of the appropriate level of inheritance tax in order to obtain clearance to proceed with the application for Grant of Probate and deal with all ongoing liabilities of the estate until assets can be cashed in and preparation of estate accounts and distributing the estate in accordance with the Will.

    Costs -hourly rate £195.00 plus VAT @20%, total costs £234.00 per hour plus Probate fee of £273.00 plus £1.50 for each additional sealed copy of the Grant of Probate. This does not include conveyancing fees for the sale of the property or house clearance fees, if a property needs to be cleared. Plus an additional sum charged at 0.5% of real property and 1 % of cash assets.

    Current timescales for obtaining clearance from HMRC eight weeks. Thereafter processing the application for a Grant of Probate application. Thereafter encashing assets, which can vary dependant upon time taken to sell a property, average time twelve months to twenty four months.