©2019 by Garner Canning Limited

Wills and Probate

Wills & Probate

We can help with:

  • Advice on issues concerning the elderly

  • Preparation of wills

  • Probate

  • Administration of Estates

  • Taxation advice

  • Setting up of trusts

  • Charities Law

  • Lasting powers of attorney

  • Court of Protection

  • Disputes over wills and estates

  • Costs and charges for Probate
     

We act for many owner-managed businesses as well as private individuals and we are able to offer advice on charitable structures, associated taxation issues and the duties and liabilities of trustees.

It is important that every one makes a Will to ensure that their assets are passed on to those they wish to benefit on their death, and so that the problems of intestacy are avoided.

Many of us have elderly relatives who may be approaching a time when they can no longer look after their own affairs.  We can offer sensitive advice and guidance in drafting lasting powers of attorney.

We undertake the administration of trusts and estates and offer a comprehensive service to trustees, executors and beneficiaries.

Any of our team will be pleased to help with your enquiry and will provide a no-obligation quotation of our fees.

 

 

Administration of estates

Losing a relative or friend is often one of the hardest events to handle in our lives.  The process of administering their estate can then be complicated and overwhelming.  Our Private Client Team will tailor our service to meet your needs, to ensure that the process of administering the estate is as stress-free as possible.  We can offer as much or as little support as you feel you need.

A Grant of Probate is a legal document which grants the executor of an estate, or the administrator if the deceased left no Will, the authority to deal with the deceased’s estate.  Without a Grant of Probate you may be unable to access or dispose of any of the deceased’s assets, which is vital so that the assets can be realised and distributed either in accordance with the deceased’s Will or the laws of intestacy, if the deceased left no Will.

We can assist you by assessing all of the assets and liabilities of the estate, preparing and completing the application for the Grant of Probate on your behalf, finalising the deceased’s tax position, collecting in the assets and paying all of the outstanding liabilities and finally distributing the assets to the beneficiaries of the estate.

Our costs will vary depending upon the amount of work we undertake, the value of the state and the level of assistance your instruct us to provide.  However, our rates are competitive.

Any of our team will be pleased to help with your enquiry and will provide a no-obligation quotation of our fees.

 

Trusts

Our Private Client Team can offer a wide range of services to our clients in relation to Trusts, as they have experience in both setting up and administering many different types of trusts for different purposes.

You may be the trustee of a Trust created by someone in their life time, or by their Will.  In either case the administration of the Trust can be very complicated and time consuming.  We can assist you to whatever extent you require, to ensure that the administration process is straightforward and stress free as possible.

You may also be considering putting assets into a Trust for your family now, in which case we can offer advice on the best type of Trust to utilise and advice as to how the Trust can be managed as cost effectively as possible, so as not pay any more tax than it should.

Any of our team will be pleased to help with your enquiry and will provide a no-obligation quotation of our fees.

 

Disputes over Wills and Estates

It is unfortunately the case that from time to time disputes arise over whether a will has been made validly. Disputes also arise from time to time about whether a will has made sufficient provision for a dependent or family member.

In these cases and in other disputes over wills and trusts we are able to give timely and effective advice.

Any of our team will be pleased to help with your enquiry and will provide a no-obligation quotation of our fees.

Making a Will.png

Costs and Charges

The charges we make will vary according to the nature of the work we undertake.

 

Thus, if we are dealing only with the work involved in obtaining a grant of probate then we will be able to provide you with a fixed price for how much that work will cost.   If, however, we are dealing with a full administration of an estate then we will charge on an hourly basis + an element to reflect the value of the estate.

 

The following charges are, therefore, dependent upon the work done.  Please check with us so that we can provide you with a more accurate assessment.

 

Simple Cases

Complex cases

 

Administering an estate (including obtaining the Grant, dealing with the assets, drafting the estate accounts and distributing the funds).

 

No inheritance tax - £2,000 - £4,000 + VAT charged on an hourly basis (although we will agree a fixed fee) at the rate of £225.00 + VAT per hour for a senior solicitor.

 

With inheritance tax - £4,000 + VAT is generally the minimum.  It is very difficult to give a precise upper limit as it depends entirely on the estate and whether there are assets abroad and questions of foreign domicile etc.  Again, charged on an hourly basis.

 

A value element will be added if:

  1. Garner Canning are the Executors, or

  2. The estate is complex (i.e. generally where there is inheritance tax involved)

 

The value element is charged at 1% of the gross value of the non-realty and 0.5% of the value of the realty.

 

 

Other Costs

Setting up a trust - £1,000 - £1,500 + VAT

Transferring property to trustees - £300 + VAT

 

Disbursements

  • Probate Court fee £155 plus 50p per additional copy Grant (current charges) – no VAT

  • Bankruptcy searches £2 per beneficiary

  • Statutory notices £150 - £200

  • Valuation fees depend entirely on the type of asset being valued (e.g., realty, shares, chattels)

 

Examples

 

Example 1

Deceased died leaving a Will giving everything to his two children.

  • House is worth £200,000.

  • Cash assets of £80,000.

 

Our charges to administer the estate would be in the region of £2,000 - £4,000 + VAT.  The fewer assets there are, the less the charges are likely to be as less time will be required.

 

Disbursements (currently) would be:

  • Probate Court fee of £155 + 50p per copy

  • Bankruptcy searches of £4

  • Statutory notices £150 - £200 (if required)

 

 

 

Example 2

Deceased died leaving a Will leaving everything to his two children.  The children want to vary the Will.  The property is being retained by the family.

  • House is worth £400,000.

  • Cash assets of £350,000.

  • Lifetime gifts of £200,000

 

Our charges to administer the estate would be in the region of 5,000 - £7,000 + VAT.  We might also charge the value element on the house and/or the cash assets depending upon the complexity of the estate. Plus:

  • Deed of variation £750 + VAT

  • Assent of registered property £300 + VAT

 

Disbursements (currently) would be:

  • Probate Court fee of £155 + 50p per copy

  • Bankruptcy searches of £4

  • Statutory notices £150 - £200 (if required)

  • Land registry fee (depending on the value of the property)

Right Click on the links below. Links need to open in a new window or tab