Probate and owers of attorney

We have an experienced Probate Department that can help you plan for your future and the future of your family and dependants.  In particular, we can advise you in respect of the following:

    • Wills and tax planning

    • Probate

    • Intestacy

    • Deeds of Variation (varying a will or intestacy provisions after death)

    • Preparing and registering Lasting Powers of Attorney

    • Registering an Enduring Power of Attorney

    • Trusts (creation and management)

    • Inheritance disputes

    • Court of Protection or Public Guardianship

    • Inheritance tax

    • Capital Gains Tax

    • Change of name deeds

We are more than happy to make home visits when necessary, to assist with creating Powers of Attorney or to take instructions for Wills and indeed in the majority of cases, this is how with deal with your matter.

COSTING INFORMATION FOR LASTING POWERS OF ATTORNEY

Costs information for Lasting Powers of Attorney, which in most cases involve a home visit, we charge £250 plus VAT for the first Lasting Power of Attorney and £125 plus VAT for each Lasting Power of Attorney thereafter, which means that if a couple want Lasting Powers of Attorney for both:

    (a)  Property and Financial Affairs;

    (b) Health and Welfare;

The fees will be £250 plus VAT for the first and £125 plus for each one thereafter with Court of Protection Fees of £82 for every application to be lodged at the Court of Protection.  The total cost will therefore be:

Our fees:      £625.00 plus VAT (£250 + 3 x £125)

Court fees:    £238.00 (4 x £82)

These prices will include use providing certified copies of each page of the registered Lasting Power of Attorney Lasting Power of Attorney, which will be needed to satisfy financial institutions.

COSTING INFORMATION FOR PROBATE ADMINISTRATION

In 95% of the cases which we handle, this is dealt with entirely on an hourly rate basis involving a Senior Solicitor and paralegals.  You should refer to our Privacy Policy to check our hourly rates.  There are occasions when clients do take responsibility for carrying out all the work required to complete the necessary forms for either lodging at the Inheritance Tax Office or the Probate Registry.  When that is done, we can be asked to check the forms and, in some cases, lodge them with the Probate Registry, which for many years we have been able to do on a lower fee than is charged by the Probate Registry itself.  For this we can agree a fee of between £500 plus VAT and £1,000 plus VAT depending on the complexity of the situation.

Making an application for a Grant of Representation and distribution the estate.

An awful lot can go wrong, depending upon  the circumstances of the case that include the instructions of the Deceased and the assets and liabilities of the estate.  Our charges, therefore,  for the application for a Grant of Representation  and the administration of the estate are made purely on a time basis with no mark up or extra charges based on the value of the estate.

At the outset we will ask for funds on account, particularly to enable us to pay the court fees on an application for a Grant of Probate or Letters of Administration (when there is no Will).  At present the court fee payable is £155 plus £1.50 for every copy needed to deal with the assets.

A Grant is a sealed document provided by the Probate Registry which some institutions, like National Savings, want to see before they will part with any funds to those entitled.  In many cases, some institutions will distribute funds without the necessity of making an application (such as Lloyds Bank – limit up to £250,000).  If a Grant is required we generally reckon that five hours of our time will be required to achieve the Grant.  We have to make an inventory of the estate’s assets and liabilities and decide which forms will be necessary and if any inheritance tax is payable.

In many cases we can get away with the use of the simpler forms, namely the IHT205 and IHT217, which are used in most cases where inheritance tax is not payable.

If the estate we are dealing with is worth over £1m or there is inheritance tax or pay, or allowances are being claimed, such as the residential nil rate band (where the main residence is being passed down to descendants) then there is extra work involved because we have to deal with the Inheritance Tax Office before we can make an application for a Grant using an IHT400.

As a general rule, once the Grant is obtained or sought, we will put in an interim bill.  Recent office records indicate that the interim bill has ranged from £500 plus VAT where there has been a lot of input from the client and they have put together the forms, to £4,500 where there has been a foreign element.

Once the Grant has been obtained we can give an estimate for completing the work up to the point of distribution, when all tax liabilities have been settled and all beneficiaries traced and paid.  Again this is based on hourly rates as previously indicated.

Given all the above variants the best answer is to contact us by telephone or email or letter and tell us about your individual situation. We should be able to pick out the factors that will make life easier or more difficult on the road towards administering the estate and give an idea of the likely cost.

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