Inheritance, Wills & Probate, Mental Capacity
Inheritance, Wills & Probate
Lindsey Johnson leads this department and is assisted by Maria Amin solicitor.
Lindsey has over 30 years’ experience in family law work and preparation of Wills plus 10 years’ experience of inheritance claims, administration of estates and mental capacity work. She is a full member of The Society of Trust & Estate Practitioners (STEP) having completed the STEP Administration of Trust & Estates diploma in 2019.
Maria has over 4 years of experience in wills, administration of estates, lasting powers of attorney and deputyship.
We administer estates of modest to average value where there is a will or no will. We prepare wills with or without trusts in them. We apply for grants of representation and administer estates. We can also make Lasting Powers of Attorney and apply for property & finance deputyship in the Court of Protection.
Lindsey Johnson has experience of dealing with family disputes in relation to inheritance and probate. Issues may relate to the validity of a Will, inaction by executors, lack of financial provision for close family members or trustees’ breach of duties etc.
WILLS
We offer the following fixed fees:-
WILLS - SIMPLE- no trusts or rights occupation includes registration
- Will – single £225 + VAT = £270
- Mirror wills for couples – same wills - price is for 2 £350 + VAT = £420
- Amend/alter will (if within 3 years of previous will made by us) or codicil £170 + VAT = £210
WILLS with life interest trust or right of occupation includes registration
- Will - single £400 + VAT = £480
- Mirror wills for couples – same wills - price is for 2 £500 + VAT = £600
- Amend/alter will/or make codicil within 3 years £275 + VAT = £330
WILLS with discretionary trust including letter wishes OR multiple trusts/rights of occupation includes registration
- Will – single £500 + VAT = £600
- Mirror wills -for couples – same wills - price is for 2 £650 + VAT = £780
- Amend/alter will or codicil within 3 years £350 + VAT = £420
- INTERPRETER if required – £28 per hour + VAT
- HOME VISIT if required £30+vat per if home under 5miles. £60 + VAT if over 10miles
Probate or administration of estates
Initial appointment and advice about an inheritance or probate matter £225 +VAT = £270
Each estate and family involved is different from another and it is not easy to predict the level of work required in each case at the outset. Once we are aware of the extent of the estate we will be able to provide you with our costs estimate. All cases usually consist of applying for the grant, collecting in the assets, preparing accounts and distributing the assets.
We may be able to agree to the legal costs being paid from the assets of the estate provided that cash is available from bank accounts etc and we are instructed to collect or receive those assets. If not, we will require payment on account from the executors/administrators.
- Application letters of administration/probate ONLY for a simple estate (NB Excludes work done after grant, collecting in assets, preparing accounts/ distribution- for which a separate costs estimate will be required if there is any additional work e.g. an inheritance act claim or a disputed will then this will be charged separately at hourly rates. £1,500 + VAT = £1,800
- Application for a grant for estate where no IHT tax form required – lay executors inc administration of estate & estate accounts & distribution. If there is any additional work e.g. an inheritance act claim or a disputed will then this will be charged separately at hourly rates. *Gross estate = value at date of application for grant unless assets found later that increase value by more than 10%. £2,500 + 1.5% of the value of the gross estate* + VAT
- Application for a grant. IHT tax forms required – lay or professional executors inc administering the estate & preparing accounts & distribution. If there is any additional work e.g. an inheritance act claim or a disputed will then this will be charged separately at hourly rates * Gross estate = value at date of application for grant unless assets found later that increase value by more than 10%. £3,500 + 1.5% of the value of the gross estate* + VAT
Fees that will have to be paid to others (known as disbursements) will be added to our fees: -
- Certainty National Will Register search to check so far as possible whether other wills exist currently £114 inc VAT
- Copy of deeds of property £3.60
- Probate application fee - £273
- Copies of the grant - £1.50 each
- Swearing of the oath - £7 per executor
- Bankruptcy-only Land Charges search - £2 per beneficiary
- Advert in The London Gazette and local newspaper – Protects executors against unexpected claims from unknown creditors £88 - £300 inc VAT
This list is not exhaustive and other fees may be required such as production of a family tree, insurance against the risk of a will or another will being found, insurance of property etc
How long will my case take?
Typically, probate will take around 18 months to 2 years. Obtaining the grant of probate takes 6 – 9 months due to current delays at the Probate Registry. Then you have to collect in assets and sell assets including property as required. This can take a further 3-9 months depending on the nature of the assets. There may be issues such as repayment of state benefits, a variation of the will or an inheritance act claim that needs resolving. These type of issues can delay matters. Once this has been done, we can prepare the accounts and distribute the assets, which normally takes 1-3 months. It is normally advisable not to distribute the estate until 6 months after the grant has been issued in case there are unexpected claims against the estate.
Other types of inheritance cases
Initial appointment and advice about an inheritance or probate matter £225 +VAT = £270
After a fixed fee initial appointment, we will charge our hourly rates which vary from £150+VAT per hour to £170+VAT per hour depending on which level of lawyer is undertaking the work.
These cases may be:
- Contested probate cases where there is a dispute as to the validity of the Will or a delay in administering the estate can be complex, early advice is essential as steps may be necessary to protect your position. Case will be charged by hourly rates.
Inheritance claims, where you expected provision from someone’s estate but no provision was made or the provision made was not reasonable, may be funded in different ways according to your circumstances. Occasionally legal aid may be available but the criteria are now very limited. You may fund the case yourself paying our hourly rates as above. Another option is for you to fund the case using conditional fees in which case we would refer you to another legal firm offering such services.
