ADMINISTRATION OF ESTATES PRICES AND PROCEDURE

 

MJP Law can deal with (1) Grant of Representation only and (2) Full Administration

Fixed Cost for Grant of Representation Only

1) What is included in this service?
This is a fixed cost service where you will be expected to provide all the information required and we will:-

  • prepare the Inheritance Tax (IHT) paperwork and the Oath/Statement of Truth for the Personal Representatives to sign
  • send the forms to HM Revenue & Customs and the Probate Registry
  • Forward the Grant to you to administer the Estate yourself

2) What is not included in this service?
Our instruction is limited to the production of documents only.  We will not advise on the actions of the Personal Representatives or the testator.  We will not settle any liabilities on your behalf and we do not hold any funds on behalf of the Estate.

3) How much will this service cost?
The fixed cost will depend on the nature of the IHT return required and whether IHT is payable.  This is set out in the table below:

Grant only with no IHT to pay and IHT205 only to complete £995 + VAT
Grant with no IHT to pay and IHT400 to complete Up to £1,500 + VAT
Grant with IHT payable and IHT400 to complete Up to £2,500 + VAT

Please note where there are unusual assets or circumstances or extra work is requested we will quote separately on a time spent basis for that work. Our fee assumes that there are no unforeseen matters arising such as the Will being contested and that all Executors are co-operative.

Disbursements (see other costs not included in our fees below)

4) Key Stages and likely timescales
Timescales for Grant of Representation only.  The timescale for obtaining the Grant of Representation will depend on whether an IHT application will need to be sent to HMRC first or whether it can be sent to the Probate Registry along with the application for the Grant.  We can only commence work when you have provided us with all the information required.

If the application needs to be sent to HMRC first, then obtaining the Grant of Representation will typically take 8-12 weeks.

If the application does not need to be send to HMRC first, then obtaining the Grant of Representation will typically take 4-8 weeks.

Full Administration of an estate with or without a Will

1) What is included in this service?
We will deal with the following:-

  • Write to all the asset/liability holders
  • Notify any interested parties (e.g. pension and utilities) of the death
  • Submit statutory notices to protect the Personal Representatives from creditors
  • Prepare and file the Inheritance Tax Return; Settle any Inheritance Tax due; Deal with any enquiries from HM Revenue & Customs relating to the IHT Return
  • Prepare the Probate papers and arrange for them to be sworn/signed
  • Make the application for Probate with the Probate Registry and obtain the Grant of Probate
  • Collect in all the assets including the proceeds of sale of property
  • Settle all debts, taxes and liabilities
  • Bankruptcy searches against beneficiaries
  • Pay any pecuniary (cash) legacies and ensure specific gifts are gifted as instructed in the Will
  • Make any interim distributions with the agreement and indemnity of the Executors
  • Gather information about the income of the deceased and for the period of administration
  • Prepare Estate Accounts and once approved distribute the Estate to the remaining residuary beneficiaries
  • Certify or confirm the beneficiaries share of income received in the Estate

2) What is not included in this service?

  • If the Estate becomes a contested Estate case
  • Dealing with the transfer or sale of any property or business interests in the Estate
  • Dealing with any Deed of Variation to the Estate
  • Dealing with any Trust that relates to the Estate

3) What will the overall cost be?
Our charges for a full Estate administration service will depend on the circumstances of the case and the amount of work required as well as the hourly rate of the person carrying out a particular item of work. At the outset we will inform you of the hourly rate of the person(s) acting on your behalf.

The hourly rates vary from £192.00 + VAT for a junior paralegal to £250.00 + VAT for a Grade A Solicitor/Fee Earner.

Our charges are calculated upon the amount of time spent on the matter and the value of the Estate plus any disbursements incurred on your behalf.

When this firm is appointed to act as Executor to an estate we charge a value element in addition to our usual hourly rates:-

  • 5 % will be applied to personalty (a person’s personal property, i.e. goods, chattels, movable property, savings / investments)
  • 1% is charged for realty, property owned by the individual (immovable property).
  • As a result of this percentage charge 75% of the hourly rate is charged instead of the full 100%.
  • VAT is payable on both the time and value charges.

4) Other costs not included in our fees

Disbursements (Fixed Cost and Full Administration)

Disbursements are costs related to your matter that are payable to third parties.  In addition to the costs above the following disbursements will be payable:-

Personal Representative Swear fees for each Personal Representative

(there is no fee for signing the alternative Statement of Truth)

£5.00 for oath

£2.00 for each additional document

Probate Court Fee

Additional Sealed copies of the Grant to send to asset holders

£155.00

£0.50 each

Statutory Notices in London Gazette and local paper to protect the Personal Representatives against unexpected claims from unknown creditors and estate claims £75.00 – £220.00
Bankruptcy Search against UK resident beneficiaries £2.00 per person
Bankruptcy Search against overseas beneficiaries An estimate will be provided
Land Registry Search Fees £3.00
Missing Beneficiary Insurance Quoted per specific situation
Executors’ Insurance (general and for early distribution) From £325.00
FAS Landmark search for missing/forgotten assets Around £150.00

Taxes (Fixed Cost and Full Administration)
You may need to pay taxes in the administration of the Estate in addition to the payment of our fees.  A non-exhaustive list is set out below:-

  • Inheritance Tax
  • Capital Gains Tax
  • Income Tax
  • Stamp Duty Land Tax

5) Key stages and likely timescales
The Administration of an Estate generally falls into two stages:-

  • Obtaining the Grant of Representative (the authority to administer the Estate)
  • Administering the Estate

Timescales (Full Administration)
Times for full Estate administration can vary widely. The Grant of Representation is typically obtained in 12 to 18 weeks. The full administration of the Estate is likely to take between 9 and 12 months.

There are a number of factors which can prolong and increase the cost of administering an Estate including but not limited to:-

  • Difficulty in finding Beneficiaries and need to be traced
  • There is a property which takes a long time to sell
  • There are prolonged enquiries from HMRC or other Government bodies e.g. DWP
  • Where there is no Will

ADDITIONAL SERVICES WE OFFER:-

Deed of Renunciation From £200 + VAT
Notice of Power Reserved From £50 + VAT
Lost Asset Search From £150 + VAT
Deed of Variation From £400 + VAT
Deed of Appointment to terminate Nil Rate Band Discretionary Trust From £500 + VAT
Deed of Appropriation From £200 + VAT
Completion of deceased’s Income Tax Return and obtain Lifetime Clearance from HMRC An estimate can be provided
Resolving Will Defects An Estimate can be provided

Lisa Lane

Director

Private Client Department
Wimborne
01202 842929

John Pearce

Solicitor

Private Client Solicitor
Verwood
01202 823666

Emma Stagg

Private Client Executive

Private Client
Wimborne
01202 842929