We have many years of experience in dealing with Wills, Probate and Lasting Powers of Attorney. Please see our Partners’ profiles above.

Wills

Your Will allows you to decide exactly what happens to your money, property and possessions after your death. It can ensure you minimise any inheritance tax. It can ensure that your estate passes to those who you choose and nobody else. If you die without a will, then intestacy rules ultimately will decide how your assets are distributed. If you are not married but live with a partner then if you do not have a Will your partner might receive nothing. Without a Will you have no control over your estate!

Winding up of estates (probate)

When someone dies there are unfortunately many important tasks which need to be undertaken. We understand this and that at such an upsetting time you need reliable people to help you deal with the administration of an estate (probate).

Our fees

Our fees are quite simply £750 plus VAT (at 20%) and 1% plus VAT (at 20%) of the value of the estate plus disbursements as below. They do not cover the costs of selling or transferring estate property. The fees above would include:

The quote would not cover situations where there is no Will, where there might be issues over the validity of a Will or disputes between beneficiaries and executors nor where the estate includes assets outside England and Wales, or where there are jurisdictional issues or disputes/negotiations with HMRC. In such cases our hourly rate of £235 plus VAT (at 20%) would be additionally applied. Disbursements will include:

Most estates that we deal with as above take between 6 - 12 months. Typically, obtaining a Grant of Probate takes 3 - 6 months. Collecting assets thereafter takes a further 3 – 6 months with distribution then taking 2 – 4 weeks.

Fixed fee for Grant of Probate only

We understand that budgets can be restricted and if you prefer to deal with the administration of the estate yourself as an executor then we can assist with the task of obtaining a Grant. We charge a fixed fee of £800 plus VAT (at 20%) and disbursements (Probate Registry fee of £300 plus £1.50 per copy Grant). This would cover valuing the estate (excluding professional property valuers’ fees) and obtaining the Grant of Probate only. This service is only available where there is a Will and no inheritance tax is payable and executors do not need to submit a full account to HM Revenue & Customs nor where there might be issues over the validity of a Will or disputes between beneficiaries and executors nor where the estate includes assets outside England and Wales, where there are jurisdictional issues or disputes/negotiations with HMRC.

Lasting Powers of Attorney

A Lasting Power of Attorney (LPA) allows you to give an individual of your choice (your attorney) the authority to make decisions on your behalf at a time when you may be unable to do so yourself. This could be through illness, injury or any other condition which may affect your mental capacity. By making an LPA you can plan exactly how your financial affairs or health should be looked after should you be unable to make these important decisions yourself. You can elect what decisions you want to be made on your behalf and who you would like to make them. There are two types of LPA. You can choose to make one type or both:

1. Property and financial affairs This gives your attorney authority to make financial decisions on your behalf. This could include paying bills, collecting benefits or income, or even selling your home. This type of LPA can also be used whilst you have the capacity to handle your affairs-for example if you were living abroad and needed someone to handle these details in your absence.

2. LPA-Health and Welfare This LPA gives your attorney the authority to make personal welfare and medical treatment or healthcare decisions on your behalf. It can include instructions regarding life sustaining treatment if you become very ill. The LPA allows your attorney to make decisions only when you are unable to make decisions yourself. There is a fixed fee of £350 plus VAT for each Lasting Power of Attorney (£600 for two) and the Office of the Public Guardian charges an additional registration fee of £82 for each deed. In the unfortunate event of you losing mental capacity without an LPA in place, your affairs will be dealt with under supervision of the Court of Protection. This can be both expensive and long winded.