Wills and Probate

Probate

When a loved one or close friend passes away, you will need to deal with their affairs. This often requires the need for a Grant of Probate to be obtained from the Court to allow you to collect in their assets, pay off any liabilities and distribute their estate. This can be a daunting process and something which you may not want to deal with, especially at this difficult time. At Clark Willis we can assist you with this process. Our solicitors can offer a professional and efficient service with transparent fees tailored to your specific case. We offer an initial free appointment where we will discuss with you the Estate and your requirements and we will then provide you with our fees based upon your requirements.

Our solicitors include a member of the Society for Trusts and Estates Practitioners (STEP) a professionally recognised body.

Frequently Asked Questions

What is a Grant of Probate?

A Grant of Probate, or Letters of Administration if there is no Will, is a document produced by the Court which confirms that the Executors (Administrators if there is no Will) have the necessary authority to administer a deceased’s estate.

Who applies for the Grant?

If there is a Will, the Executors named in the Will make the application. If there is no Will then the rules on Intestacy dictate who is legally entitled to obtain the Grant. This is often family members.

What happens if there are disagreements over the Will or the Estate?

It is not uncommon for there to be disputes over an Estate. If such a situation should arise, we can refer your matter on to our experienced solicitors in the litigation department who will be able to assist you with this. Having one firm of solicitors who can deal with everything for you will enable the matter to be dealt with more efficiently.

Estimated Fees for Applying for the Grant, Collecting and Distributing the Assets

We will handle the whole process for you. The following quote is for estates where:

• There is a valid Will
• There is no more than one property
• There are no more than 4 bank or building society accounts
• There are no other intangible assets
• There are 1 to 5 beneficiaries
• There are no disputes between beneficiaries on division of assets. If disputes arise this is likely to lead to an increase in costs
• There is no Inheritance Tax payable and the Executors do not need to submit a full account to HMRC
• There are no claims made against the estate

We anticipate that this will take between 4 and 8 hours work at £177 plus VAT per hour. Total costs estimated at £708 to £1,416 plus VAT.

The exact cost will depend on the individual circumstances of the case. For example, if there is one beneficiary and no property, costs will be at the lower end of the range. If there are multiple beneficiaries, a property and multiple bank accounts, costs will be at the higher end.

In addition, disbursements will be payable. Disbursements are costs relating to your matter that are payable to third parties, such as court fees, through ourselves to ensure a smoother process. An example of these disbursements would be:

• Probate Registry fee - £155 (no fee if the estate is less than £5,000)
• Swearing of Oath fee - £7 per Executor
• Bankruptcy only Land Charges Department searches - £2 per beneficiary
• Trustee Act notices (providing protection against unexpected claims from unknown creditors) - £200 to £300

Please note the following additional costs may also be incurred:

• If there is no Will or the estate consists of any shareholdings (stocks and bonds) or multiple properties there are likely to be additional costs that could range significantly depending on the estate and how it is to be dealt with. We can give you a more accurate quote once we have more information
• If any additional copies of the Grant are required, they will cost £0.50 each
• Dealing with the sale or transfer of any property in the estate is not included
• Depending on the value of the estate, Inheritance Tax may be payable. Further information about Inheritance Tax may be found at https://www.gov.uk/inheritance-tax
• If our firm has been appointed an Executor of the Will an additional fee based on the value of the estate will be payable

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