Wills & Probate – Contested Wills
We understand how stressful and difficult it can be to make a Will or applying for Probate so we offer a down to earth, practical and friendly service in all matters relating to Wills and Probate including:
- Drafting of Wills (Same-Day Will-Writing Service)
- Administration of Estates
- Executorship of Estates
- Lasting Powers of Attorney
- Probate
- Contentious probate – if there is a dispute about an estate and court proceedings are necessary.
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Our team
Our team of solicitors includes Mr Avadis who has 35 years’ experience in this area of work and other solicitors with a high level of experience and expertise. We pride ourselves in providing a personalised service listening to your specific family needs and financial arrangements by helping you plan for the future and protect your loved ones for the future offering you peace of mind.
Drafting of Wills
Knowing that your wishes will be carried out after your death can help bring you peace of mind. Speak to one of our solicitors to obtain legal advice on drafting your Will to ensure that your possessions (and property) are distributed in the way that you wish after you die or updating your Will if you have had any major life changes (divorce/marriage/children etc);Your Will can be prepared and witnessed during your meeting. Mutual Wills – where a couple both make Wills at the same time – can be arranged and discounts are offered in this connection.
To make your will (same-day remote service) with us, click here.
Administration / Executorship of Estates
An Executor (or Personal Representative) is responsible for carrying out the wishes of the deceased as set out in the Will. They have a duty to ‘protect’ the assets until all taxes/debts have been paid, then to honour any bequests. Executors must be highly trustworthy and the assistance of wills and probate solicitors in the tasks can often be invaluable. Mr Avadis can also act as Executor if you wish to appoint him in your Will – or simply advise you.
Probate
Probate is the process by which the administration of an estate takes place by giving the executor the legal right to distribute the estate. If a will has been prepared by specialist wills and probate solicitors, then the process should be quite simple. If not, or if the estate is large or complex, an executor may need the help of specialist wills and probate solicitors. We understand the difficultly of processing the loss of a loved one and how it is can be challenging to have to then apply for the legal right to deal with their estate (possessions, property and money). We offer an efficient and friendly service to ease the process of estate administration whether your role is the Executor or Administrator (personal representatives) and whether or not the deceased left a Will. We can also assist with preparation of tax forms as well as the application for Probate.
The same process will apply where there is no Will and therefore there is an intestacy and Letters of Administration are required instead of Probate.
Inheritance Tax/ Capital Gains
This is a tax calculated on the value of an estate and is a complex issue that requires specialist advice. There are several exemptions that apply and forward planning is essential. When making a will, steps can be taken to legally minimize the liability of the estate. We can assist you in this connection by reference to Accountancy services.
Costs
These will depend upon the complexity of the will and the size of the estate but our rates are highly competitive.
The Government has announced changes to probate fees from April 2019 which means some will pay almost £6,000 more – but for estates worth less than £50,000, you won’t pay anything at all.
In England and Wales, probate fees – paid when administering someone’s estate after they die – will now be paid as a sliding scale depending on how much the estate is worth, rather than as a flat fee.
At the moment, families pay a flat £215, or £155 if they apply through a solicitor, on estates over £5,000.
This threshold at which you’ll need to pay probate fees is set to be lifted to £50,000 from April 2019 – according to the Ministry of Justice, this means an extra 25,000 estates per year won’t pay any fees at all.
But if the estate’s value is higher than this, you’ll see an increase in probate fees. Estates worth between £50,000 and £300,000 will be charged £250, while the maximum charge is £6,000 for estates worth £2 million or more.
Probate Case – Obtaining Grant of Probate / Letters of Administration
We will obtain your initial instructions, assess the value of the estate and the complexity of the case and agree either a fixed fee of between £1500 and £5000 plus vat and probate court fees or an hourly rate of £300 plus vat per hour with a costs estimate depending on the complexity of the case and the size of the estate.
This fee includes the following:
- Initial consultation and advice
- Paying IHT, if applicable
- Preparation and submission of application to obtain Grant of Probate
*Stage 1-Stage 3 below
Please note the following additional charges:
- Land Registry Search Fee £3.00 per search
- Oath Checking Service £12.00
- Probate Registry Fee £215.00
- Additional Copy of Grant of Probate £1.00 per copy
Currently, it will typically 6 to 9 months from start to finish.
We will take all steps up to and including obtaining a grant or probate or letters of administration but we will not gather in the monies for the estate following the grant. If you wish us to do so we will quote for this work at an hourly rate of £300 plus vat.
Costs may be higher in cases of extreme complexity, cases where there are multiple beneficiaries and/ or where inheritance tax is payable.
The above quoted fee will also vary subject to any international element.
Key Stages
Stage 1 Valuing and collating estate*
Stage 2 Paying IHT, if applicable*
Stage 3 Applying for Grant of Probate or applying for Letters of Administration, if no Will *
Stage 4 Informing interested parties
Stage 5 Gathering Estate assets, liquidate if required including paying any debts from the Estate
Stage 6 Distributing the Estate in accordance with Will or in accordance with the Rules of Intestacy
Stage 4 – Stage 6 is subject to an hourly rate beginning at £225.00 plus VAT.
Time Scales
We would expect these proceeding to last between 6 -12 months however it is difficult to accurately predict exactly how long it will take to conclude matters due to the complexity of each case and the processing times by the Probate Registry and/ or HMRC.
The work will be undertaken primary by Mr Avadis who qualified in 1985, with the support of Trainee solicitors and paralegals under his supervision. He has dealt with around 500 cases ranging from estates of the lowest value up to £3,000,000 and spend roughly 10% of his time within this area in the firm.
