Dealing with the estate of someone who has died can involve unfamiliar legal, financial and administrative responsibilities at an already difficult time.
At B&M Law LLP, we provide clear, practical and sensitive advice to executors, administrators and beneficiaries. We can assist with anything from obtaining a Grant of Probate or Letters of Administration to handling the complete administration of an estate.
A significant part of our probate work has an international dimension. We regularly assist where the deceased, personal representatives, beneficiaries or assets are connected with more than one country, and we are particularly experienced in coordinating cross-border estates with overseas lawyers, notaries, accountants and tax advisers.
Why Choose B&M Law LLP?
A personal, solicitor-led service
Probate is not simply an administrative exercise. Personal representatives assume important legal responsibilities and may need to make decisions concerning tax, property, investments, liabilities and distributions to beneficiaries.
Your matter will be handled by an experienced member of our Private Client team, with appropriate supervision by a solicitor or partner.
We will explain the process clearly, identify issues requiring particular attention and keep you informed as the administration progresses.
A service tailored to the estate
Not every estate requires the same level of assistance.
Some clients have already gathered details and valuations of the assets and liabilities and simply require us to prepare and submit the application for the Grant. Others prefer us to take responsibility for the administration of the estate from beginning to end.
We therefore offer different levels of service and different approaches to charging so that our fees can reflect the work actually required.
International and cross-border experience
Our international and multilingual practice means that we are particularly well placed to assist families whose affairs extend beyond England and Wales.
An estate may involve:
property or financial assets situated overseas;
personal representatives or beneficiaries living abroad;
foreign Wills or more than one Will;
foreign succession documents;
questions concerning succession rules or the law applicable to the estate;
foreign tax or reporting requirements;
coordination with foreign lawyers, notaries or tax advisers; or
distributions to beneficiaries in other jurisdictions.
We do not charge more simply because a client or beneficiary lives overseas or wishes to communicate with us in another language.
Where the international nature of the estate creates additional legal, tax or administrative work, our fee will reflect the work actually required.
Our Approach to Probate Fees
The amount of work involved in administering an estate can vary considerably.
Our fees are therefore principally determined by the nature, extent and complexity of the work required, rather than simply by the value of the estate.
Relevant factors may include:
the number and nature of the assets;
the number of personal representatives and beneficiaries;
whether there is a valid Will;
whether the estate is taxable;
whether a full Inheritance Tax account is required;
lifetime gifts made by the deceased;
trusts or business interests;
the number and location of properties;
foreign assets or beneficiaries;
missing or difficult-to-identify beneficiaries;
the quality and availability of financial records;
unusual tax or succession issues; and
any disagreement or claim concerning the estate.
The overall value of the estate may also be relevant to the level of responsibility involved.
Depending upon the nature of the instruction, we may agree:
a fixed fee;
a fee based on the time spent at the applicable hourly rates;
a fee which includes an element related to the value of the estate; or
a combination of these approaches.
We will explain the proposed charging basis and provide you with an estimate before you instruct us.
Our fees are normally treated as an administration expense of the estate and can generally be paid from estate funds once sufficient funds become available. However, personal representatives may need to fund certain application fees, disbursements or other expenses before estate monies can be accessed. We will explain the payment arrangements at the outset.
Our Probate Services and Fees
The fees below exclude VAT at the current rate of 20%. For clarity, the VAT-inclusive equivalent is also shown where a specific fee or range is provided.
1. Straightforward UK Grant-Only Application
From £1,750 + VAT
(from £2,100 including VAT)
This service is intended for a straightforward UK estate where the personal representatives are able to provide us with the necessary information and valuations concerning the assets and liabilities and require our assistance principally to obtain the Grant.
The service normally includes:
taking your instructions;
reviewing the Will, where there is one;
establishing who is entitled to apply for the Grant;
reviewing the estate information provided to us;
considering the appropriate Inheritance Tax reporting requirements;
preparing the probate application;
arranging approval of the application by the personal representatives;
submitting the application to the Probate Registry;
dealing with routine correspondence arising from the application; and
providing the Grant once issued.
The starting fee assumes that:
there is a valid and straightforward Will, or the entitlement to apply is otherwise clear;
the estate does not require a full IHT400;
the personal representatives provide complete and accurate information and valuations;
there are no unusual lifetime gifts, trusts or tax issues;
there is no dispute concerning the estate;
no beneficiary or personal representative needs to be traced; and
no unusual probate application or additional documentation is required.
Where there is no Will but the intestacy and entitlement to apply for Letters of Administration are straightforward, we will provide an individual quotation once we have reviewed the circumstances.
The Grant-only service does not include collecting estate assets, settling liabilities, selling or transferring property, preparing estate accounts or distributing the estate.
2. UK Grant Application Requiring a Full IHT400
Where a full Inheritance Tax account is required, our fees for preparing the relevant Inheritance Tax documentation and obtaining the Grant will normally start from:
£3,500 + VAT
(£4,200 including VAT)
The fee will depend upon the nature of the estate and the amount of work required.
Relevant factors may include:
the number and type of assets;
lifetime gifts;
available exemptions or reliefs;
trusts;
property or business interests;
the quality of the deceased's financial records; and
the complexity of the Inheritance Tax reporting required.
The service will normally include:
reviewing the Will and estate documentation;
obtaining or reviewing information concerning assets and liabilities;
preparing the IHT400 and the schedules reasonably required for the estate;
liaising with the personal representatives regarding the Inheritance Tax information;
dealing with the procedural requirements necessary before the probate application can be submitted;
preparing and submitting the probate application; and
dealing with routine correspondence through to issue of the Grant.
The fee does not include specialist tax planning, complex tax advice, negotiations with HMRC concerning disputed valuations or tax treatment, or foreign tax advice.
Where specialist advice is required, we will discuss this with you and can coordinate with an appropriate tax adviser.
3. International or Cross-Border Grant Applications
A significant proportion of our probate work involves an international or cross-border element.
For a relatively straightforward international Grant application, our fees will normally start from:
£3,000 + VAT
(£3,600 including VAT)
Examples include estates involving:
foreign assets which need to be identified or considered;
a deceased person who lived or had significant connections outside England and Wales;
foreign beneficiaries or personal representatives;
foreign Wills or succession documents;
foreign property or financial accounts;
coordination with lawyers, notaries or advisers overseas; or
international succession or jurisdictional considerations.
Where a full IHT400 is required, foreign assets need to be included or considered as part of the Inheritance Tax reporting, or more substantial succession, tax or jurisdictional issues arise, the fee will generally be higher.
We will provide an individual estimate once we understand the nature of the estate and the international issues involved.
Our use of the expression “international” or “cross-border” is intended to describe the nature of the work. We do not impose an additional charge simply because a client or beneficiary is resident overseas.
4. Full Estate Administration
Where you would like us to deal with the administration of the estate from beginning to end, our fees will normally start from:
£5,000 + VAT
(£6,000 including VAT)
The final fee will depend upon the work required and the complexity of the estate.
A relatively straightforward estate may involve:
a valid Will or straightforward intestacy;
one property;
a modest number of bank, building society or investment accounts;
readily identifiable personal representatives and beneficiaries;
no significant lifetime gifts;
no complex trusts or business interests;
no substantive disputes or claims; and
assets situated primarily in the UK.
Our work may include:
taking instructions from the personal representatives;
reviewing the Will and advising on its effect;
identifying the persons entitled to administer and benefit from the estate;
obtaining information concerning the assets and liabilities;
obtaining or arranging appropriate valuations;
considering the Inheritance Tax reporting requirements;
preparing and submitting the probate application;
obtaining the Grant;
notifying and corresponding with asset holders;
collecting estate monies;
settling estate liabilities;
dealing with routine administration matters;
corresponding with beneficiaries;
preparing estate accounts; and
distributing the estate in accordance with the Will or the intestacy rules.
Once we have sufficient information about the estate, we will provide an estimate of the likely overall fee and explain the proposed charging basis.
5. Complex, Taxable and Cross-Border Estate Administration
More complex estates are quoted individually.
This will commonly apply where:
Inheritance Tax is payable;
a full IHT400 and multiple schedules are required;
significant lifetime gifts need to be investigated;
trusts are involved;
there are business or partnership interests;
there are several properties or substantial investment portfolios;
there are numerous beneficiaries;
substantial Income Tax or Capital Gains Tax issues arise during the administration;
foreign assets or foreign succession issues are involved;
the deceased had significant connections with more than one jurisdiction;
there are multiple Wills;
overseas lawyers, notaries or tax advisers need to be involved;
assets or financial records are difficult to identify;
substantial correspondence with HMRC is required; or
the administration is otherwise unusually extensive.
For these estates, depending upon the circumstances, we may propose:
a fixed fee for a defined stage of the work;
charging according to time spent at the applicable hourly rates;
a fee incorporating an appropriate value-related element; or
a combination of these approaches.
This gives us the flexibility to ensure that the fee remains proportionate to the responsibility assumed and the work required.
We will explain the proposed basis of charging and provide you with an estimate before substantial work is undertaken.
Contentious Probate and Estate Disputes
The fees set out above apply to uncontested probate and estate administration.
They do not apply where there is a substantive dispute concerning matters such as:
the validity of a Will;
the appointment or conduct of an executor or administrator;
the division of an estate;
claims by or against beneficiaries;
claims under the Inheritance (Provision for Family and Dependants) Act 1975;
allegations concerning lifetime gifts or undue influence;
ownership of estate assets; or
other contentious probate matters.
Our litigation team can advise on contentious probate and estate disputes. We will provide a separate quotation appropriate to the circumstances.
Inheritance Tax and Other Tax Matters
Before applying for probate, it is necessary to establish the value of the estate and determine the appropriate Inheritance Tax reporting requirements.
Where agreed as part of our instructions, we can prepare and submit the Inheritance Tax information required for the administration of the estate.
Our probate service does not automatically include specialist tax planning or specialist advice on complex UK or foreign tax matters.
Inheritance Tax, Capital Gains Tax, Income Tax and any other tax liabilities payable by the deceased or the estate are separate from our legal fees and are payable from the estate where appropriate.
Where specialist tax advice is required, we will discuss this with you and, where appropriate, work alongside or recommend an appropriate UK or overseas tax adviser.
In international estates, tax treatment may depend upon matters including the deceased's residence history, the nature and location of the assets and the tax rules of other jurisdictions. Where appropriate, specialist advice may therefore be required before the administration can be completed.
Disbursements and Third-Party Costs
Disbursements are payments made to third parties in connection with the administration of an estate and are separate from our legal fees.
Typical costs may include:
| Item | Indicative cost |
|---|---|
| Probate Registry application fee for an estate over £5,000 | £526 |
| Additional copies of the Grant ordered with the application | £2 per copy |
| HM Land Registry searches | At the applicable Land Registry rate |
| Statutory notices in The Gazette and/or a local newspaper | Depends on the publication and circumstances |
| Professional property or asset valuations | Quoted by the relevant professional |
| Genealogist or beneficiary-tracing fees | Quoted by the relevant provider |
| Foreign lawyer or notary fees | Where required, quoted separately |
| Translation, certification or legalisation costs | Where required, quoted separately |
The Probate Registry does not currently charge an application fee where the estate is valued at £5,000 or less.
Government and third-party fees may change. We will confirm the applicable charges when we are instructed.
Where identification, verification or other regulatory checks involve a separate third-party charge, we will explain that charge to you.
Property in the Estate
Our probate and estate administration fees do not include the conveyancing work involved in selling or transferring a property.
If a property is to be sold or transferred to a beneficiary, our Residential Property team can deal with the conveyancing and will provide a separate quotation.
Professional valuations of property, investments, businesses or other specialist assets may also involve additional third-party fees.
What Can Affect Our Fees?
Our estimates assume that the administration proceeds broadly in accordance with the circumstances described when we are instructed.
Additional work may be required where, for example:
there is no Will or the Will raises questions concerning its validity or interpretation;
an executor has died, renounced or is unable or unwilling to act;
there are difficulties establishing who is entitled to administer the estate;
there are numerous or unusual assets;
assets or liabilities have not been adequately recorded;
significant lifetime gifts require investigation;
a full Inheritance Tax account is required;
specialist reliefs or exemptions require substantial additional work;
trusts or business interests are involved;
beneficiaries need to be traced;
beneficiaries are minors or lack capacity;
charitable beneficiaries are involved;
foreign assets or foreign-law issues arise;
multiple Wills or foreign succession documentation need to be considered;
additional or unusual probate applications are required;
substantial correspondence with HMRC is required;
claims are made by creditors or third parties;
disagreements arise between personal representatives or beneficiaries; or
circumstances otherwise materially increase the amount or complexity of the work.
Where circumstances materially change the scope of our work, we will explain the implications and provide an updated estimate before undertaking substantial additional work wherever reasonably possible.
Assumptions Underlying Our Standard Pricing
Unless otherwise stated, our published pricing assumes that:
the estate is uncontested;
the personal representatives and beneficiaries can be identified;
the personal representatives and beneficiaries are adults with capacity to deal with the estate;
the information supplied to us is accurate and reasonably complete;
there are no disputes concerning the administration or division of the estate;
there are no missing beneficiaries requiring substantial investigation;
there are no unexpected claims against the estate;
all parties cooperate reasonably with the administration; and
no exceptional legal, tax or procedural issues arise.
The particular assumptions relevant to your matter will be confirmed in our engagement documentation.
Timescales
The time required to obtain a Grant and administer an estate depends upon the complexity of the matter and upon the time taken by third parties, including banks, investment providers, HMRC and the Probate Registry.
Before applying for a Grant, it is usually necessary to obtain information and valuations concerning the estate and complete any required Inheritance Tax reporting.
Once a complete probate application has been submitted, HM Courts & Tribunals Service currently advises that a Grant will usually be issued within approximately 12 weeks, although applications can take longer where further information is required.
A straightforward full estate administration will commonly take approximately 6 to 12 months.
More complex, taxable or international estates can take considerably longer. Factors such as the sale of property, tax clearance, foreign assets, trusts, missing beneficiaries or disputes can extend the administration period.
We will keep you informed of progress and advise you of matters likely to affect the anticipated timetable.
Typical Stages of Estate Administration
The precise stages will depend upon the service you ask us to provide and the circumstances of the estate.
A full administration may include:
taking your instructions;
reviewing the Will or establishing entitlement under the intestacy rules;
identifying the personal representatives and beneficiaries;
obtaining details and valuations of assets and liabilities;
considering the appropriate Inheritance Tax reporting requirements;
preparing and submitting any agreed Inheritance Tax account;
arranging payment of Inheritance Tax where applicable;
preparing and submitting the probate application;
obtaining the Grant of Probate or Letters of Administration;
collecting or transferring estate assets;
settling debts, liabilities and administration expenses;
dealing with appropriate estate tax matters within the agreed scope;
corresponding with beneficiaries;
preparing estate accounts;
obtaining approval of the estate accounts where appropriate; and
distributing the estate to the beneficiaries.
Not every estate requires every stage.
Who Will Deal With Your Matter?
Your probate matter will be handled by a member of our Private Client team with an appropriate level of experience.
All matters are appropriately supervised by an experienced solicitor or partner. Routine administrative work may be undertaken by a trainee solicitor or paralegal under supervision, helping us provide an efficient and proportionate service.
More complex estates, taxable estates and international or cross-border matters will involve an appropriately experienced senior lawyer.
Details of the qualifications and experience of the members of our Private Client team can be found on their individual profiles.
Our objective is to provide clear, personal and proportionate support throughout the administration while ensuring that appropriate specialist legal, tax or international expertise is brought in whenever the circumstances require it.
