Wills and Probate

When was the last time you thought about making a Will?

Just before going on holiday may be too late! We aim to make the process as easy and as comfortable as possible. Each Will is tailor-made for you, from the most complex to the simplest of family arrangements. We can give you all the advice you need when considering where your estate goes and the tax implications following death.

Probate

At times of sudden loss you will need a helping hand to deal with all the immediate arrangements. In the time that follows you will need to plan for the future. Our service fulfils each of these needs.

Trusts

A trust can be the tool by which you can protect yourself for the future. You will need the skills of a specialist in this area to achieve your wishes. We can explain and advise on the various Trusts available. Cost is often modest in the light of potential savings.

Powers of Attorney and Deputyship Applications

When someone loses their mental capacity, it can be very difficult for the family to gain access to accounts to pay bills or deal with property. We can assist at this difficult time.

Services

  • Wills & cocdicils
  • Inheritance tax returns
  • Grant of probate
  • Letters of administration
  • Trusts
  • Gifts
  • Lasting Powers of Attorney
  • Court of Protection

The Team

Angela Hickey

Angela Hickey LL.B (Hons)
Angela qualified in 1984 and joined Rees Wood Terry in January 1987 and became a partner in May 1990. As the firm has grown in size Angela has focused on Wills, Probate and Trusts and now heads up the firm’s department. She has particularly good skills at helping people through this often sensitive area. Angela is a member of Solicitors for the Elderly. Contact Angela Hickey

Clair Thomas

Clair Morgans LL.B (Hons)
Clair joined the firm in 2006 as a probate assistant and has quickly established herself as a valuable member of the firm. She qualified as a solicitor in October 2009 and specialises in preparing wills and dealing with probate matters. Contact Clair Morgans

Our fees

Our fees are based on time spent in dealing with the matter.

We will always discuss with the client how much or how little they would want us to do. The lower end of the below estimate is for a service where the family of the deceased do all of the information gathering and estate administration themselves, the upper end of the estimate relates to us doing more of this work.

The below prices do not include VAT or disbursements.

Estimated Cost: £1,750 – £3,000

Hourly Rate: £275 (Clair Morgans) – £275 (Angela Hickey)

Estimated Hours: 4 – 10

Estimated Timescale: 8 – 12 months

For an estate without a valid Will there would be approximately 5 – 6 hours of additional work required

For a taxable estate or one in which full Inheritance Tax returns are required the estimated costs tend to be £4,500 – £6,000

A more complex estate may take between 2 and 3 years to administer fully

Includes:

Completion and submission of the short Inheritance Tax forms (if necessary)

The preparation and submission of the application for Grant of Probate

Gathering the estate’s assets

Distributing those assets to the beneficiaries of the estate

We do help with matters which are, strictly, outside the Probate where bereaved families need help on jointly held property, missing grave deeds etc.

Get a more accurate quote

Every case is different, to get a bespoke estimate contact us today and we can discuss the specifics of yours.

There may be additional tax due on this matter which would be separate to the estimated cost.
For additional information on Inheritance Tax please visit the gov.uk website:
gov.uk/inheritance-tax

Please note this fee does not include:

The cost of a transfer or sale of property

Tracing beneficiaries

IHT Payable

Enquiries regarding the validity of the Will

Disbursements are costs related to third party services which we pay on your behalf. All disbursements would be an additional cost and advised at the time. The following are likely disbursements:

Probate fees payable to the Probate Registry are not included – these are currently £155 but are subject to review by the MOJ and may increase substantially in 2019. Also the Probate Registry charges fees for sealed copies of the Grant which are currently £1.50 each if requested at the outset.

Swearing fees may be needed – usually approximately £14.

Any Land Registry fees to register an assent of land/houses will depend upon the value at the date of death and whether the property is already registered.

We may have to charge for “signed for” post/couriers if we have to send original documents abroad.

Please note, the fee indication does not apply:

Where any assets of the estate are outside England and Wales

Where the deceased or beneficiaries are domiciled outside the jurisdiction

The Will or distribution of the estate is contested

These fees do not apply if there is a claim against the estate under the Inheritance (Family & Dependants) Act 1975

If a Deed of Variation is required

If relationships between the executors and/or beneficiaries are so poor that much more time is needed to deal with queries/concerns etc.

Meet the team

ANGELA HICKEY

Supervisor, Head of Wills & Probate, Solicitor
Qualified: 1984

Specialising in Wills and Probate for many years and having extensive experience in the field.

CLAIR MORGANS

Assistant Solicitor
Qualified: 2009

Specialising mainly in Wills and Probate since qualification and having extensive experience in the field.

OUR PROCESS

PROBATE

STAGE 1

Valuing the Estate

At this stage we will go through the deceased’s papers and bank statements to establish their assets and liabilities. This can be quite straightforward, however in some cases there may be multiple investments, properties, and other personal belongings to consider.

At this stage we may need to contact banks, lenders, fund managers, pension providers, the local government, the DWP, and HMRC.

STAGE 2

File Inheritance Tax Forms

Regardless of whether inheritance tax must be paid inheritance tax forms must be completed. One form is used for non-taxable estates, another for taxable estates.

The personal representative will complete the related forms as well as any additional schedules to establish the amount of tax payable.

STAGE 3

Pay Inheritance Tax

If there is inheritance tax payable on the estate then it must be paid prior to obtaining the grant of representation. Funds can be transferred directly from one of the deceased’s accounts for this if there are sufficient funds.

STAGE 4

File Probate Forms

Once we have assessed the size of the estate we will be able to complete the probate application form by applying to the Probate Registry.

The personal representative will need to swear an oath at this stage to confirm that the details of the application are correct

STAGE 5

Pay Probate Fees

At this stage we will pay the applicable probate fees on your behalf. These are fixed regardless of the size of the estate and are detailed above in the disbursements section.

STAGE 6

Administer the Estate

We will collect in the assets of the estate, discharge the liabilities and subsequently distribute the estate in accordance with a Will or the rule of intestacy.

MORTGAGES & RE-MORTGAGES

STAGE 1

Reviewing the Mortgage

When it comes to mortgages your solicitor is required to review the offer as well as the other property documents (e.g. deeds). We’ll check over your mortgage offer and make sure all the conditions are met. We may have to carry out some searches on the property at this point too to satisfy your mortgage lender.

STAGE 2

Arranging Completion

Once your lender and you are content with the offer and that conditions are being met you sign the Mortgage Deeds. Your solicitor then gets an up-to-date settlement figure for your existing mortgage and we set a date to transfer all of the funds.

STAGE 3

Completion

On the day of completion we will settle any existing mortgages and we transfer any left over money to you. Finally, we register your new mortgage at the Land Registry.