
Probate/Wills
It is a staggering statistic that most people do not have a Will which can leave chaos and upset for those left behind. Whether the sale of a property, financial assets or even prized possessions and jewellery, should ideally be allocated according to the wishes of the recently deceased.
If you use a solicitor to make your Will, their expertise can help to minimise Inheritance Tax, avoid any legal pitfalls that could render a Will invalid.
Ultimately, a Will helps family and friends to grieve without the added burden of significant administrative stress and potentially, a long and painful court case or going through probate.
Ensuring YOUR wishes are respected.
Making a Will can be very difficult and involves key decisions however, not making a Will is infinitely worse. The people who suffer if a Will has not been made, are the ones we love and who are left behind.
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Probates
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Power of Attorney
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Wills
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Mental Capacity
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Court of Protection
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Wills and Codicils
PRICING – PROBATE & ESTATE ADMINISTRATION
We know that the Probate process may be complex at a particularly stressful time and the staff at Kennard Wells will assist you in dealing with this process. We will assist the executors to obtain the grant of probate so that they may administer the estate and distribute it in accordance with the deceased’s wishes. If there is no valid will then we will assist in the application for letters of administration
While every case is different, the administration of any estate generally passes through the following stages:
1. Collection of information and notification of third parties:
2. Preparation of the tax and probate documents:
3. Obtaining the grant
4. Collection of assets and settling of liabilities:
5. Distribution of assets and estate finalisation
The work undertaken on each stage will impact on the costs.
Our Fees
The fees involved in a probate matter can vary and this will depend on the individual circumstances involved.
There are a great many variables which affect the total legal costs in the administration of the estate. We are generally able to provide accurate estimates on receiving instructions, as we learn about the complexity of an estate, but we understand that you may want to have a rough estimate of costs before instructing us. To this end, we usually advise that the overall legal costs are likely to come to 2% to 3% of the value of the entire estate. However, the costs for some large but fairly simple estates are likely to be much less, while smaller estates sometimes have complications which mean the legal costs can end up higher.
Our charges are based on how much time is spent on a matter, whereby you will be charged for each hour of work undertaken. The amount of time necessary will depend on the unique circumstances of each matter, but we can provide guidelines on costs so that you know what to expect. The hourly rate is determined by the seniority of the fee earner with conduct of the file. In addition to the hourly rate, we charge a percentage based on the overall value of the estate. For those estates where the solicitors are not the executors, the additional rates charge:-
For Personal Property (i.e. all assets except land and buildings)
1%
For Real Property(i.e. land and buildings)
½ %
In situations where the partners of this firm have been named as Executors in the Will, or have been instructed in the full administration of the estate, if the net value of the estate exceeds £10,000 a percentage value will be added to the final bill for those assets in sole and joint names with another calculated as follows:-
Personal Property (i.e. all assets except land and buildings)
1.5%
Real Property (i.e. land and buildings)
0.75%
Please contact us to discuss the fee applicable to your estate.
In addition, there are anticipated disbursements which need to be added to the final account:
Probate Fee
£155.00
Office Copies for the Grant of Probate (per copy)
£0.50
Land Registry Search fee (per title)
£3.00
Bankruptcy Search fee (per beneficiary)
£0.50
Post in the Local Newspaper & London Gazette (typical)
£80.00
Land Registry assent fee for a typical property (value dependent)
£80.00
Additional Costs
In the event that there is no Will or the estate consists of any share holdings (Stocks and Bonds), there are likely to be an additional costs that could range significantly depending on the estate and how it is to be handled. We will discuss this with you in detail and advise of any additional fees.
The cost of selling or transferring a property is not included in this price, if you require this service, please let us know and we will provide you with an estimate in that regard.
Where there is likely to be any additional cost which is not reasonably predicted at the outset of the matter, we will make sure you are informed of this at the earliest opportunity and a clear estimate of those extra costs will be provided.
Time Scales
On average, probate for the typical estate will take between 3 – 12 months. Generally, the time taken to obtain the Grant of Probate will take between 3 – 6 months, followed by the collection of assets and distribution of the assets which can take between 4 -12 months. The range takes into account handling everything from straightforward estate through to more complex estates.
Where there is likely to be any additional cost which is not reasonably predicted at the outset of the matter, we will make sure you are informed of this at the earliest opportunity and a clear estimate of those extra costs will be provided.