Probate is the term generally used to describe the process of administering someone’s estate when they die. It may be necessary to obtain a Grant of Representation (where there is a Will) or Grant of Letters of Administration (where there is no Will i.e an intestacy) in order to administer the estate and deal with the assets. A Grant of Representation is an order of the court which gives one or more people the legal authority to enable the estate to be collected in and divided between their beneficiaries.

An intestacy arises when someone dies without leaving a valid Will. The intestacy rules determine who can administer and who is entitled to the Intestate’s estate. The rules on intestacy rarely follow what someone would wish to happen with the distribution of their estate.

It is therefore very important that one not only has a Will but to ensure that it is made in accordance with the relevant legislation governing Wills and as a result is valid to prevent an intestacy arising on their death.

If you have received an inheritance from an estate which you wish to redirect to another beneficiary then provided this is completed within two years of the date of death, a Deed of Variation may be suitable in your circumstances.

Usually, if you make a gift during your lifetime but die within seven years of the date of the gift then the value of the gift is added to your estate for Inheritance Tax purposes. By completing a Deed of Variation the gift is treated as a gift from the estate of the deceased and as a result may have tax advantages for both Inheritance Tax and Capital Gains Tax purposes. If you are considering making a gift after receiving an inheritance, please contact our Wills, Tax & Estate Administration team as soon as possible for further advice.

Our Solicitors have the expertise to offer advice in respect of foreign assets and estates and are able to administer such estates including liaising with foreign lawyers and resealing Grants of Representation in England and Wales if necessary.

Estates may often include foreign assets which may complicate dealing with the administration of the estate but we are able to offer support and advice in dealing with the encashment, sale or transfer of assets in foreign jurisdictions

Where Girlings is instructed in administering an estate we will:

• Step 1: Ascertain the assets and liabilities within the estate
• Step 2: Prepare the required Inheritance Tax Return and arrange the settlement of any Inheritance Tax due
• Step 3: Prepare the Legal Statement for signing by the Executor(s) or Administrator(s)
• Step 4: Apply for and obtain the Grant of Representation
• Step 5: Collect in assets and settle liabilities
• Step 6: Prepare Estate Accounts
• Step 7: Deal with the tax affairs of the estate relating to the period up until the date of death and the period of administration
• Step 8: Arrange distributions to beneficiaries and the transfer of assets.

A number of disbursements/associated costs are likely to be incurred during estate administration. These are quoted exclusive of VAT at the prevailing rate:

• Probate fee – the current probate fee payable to Her Majesty's Courts and Tribunals Service is £300
• Sealed copies of the Grant of Representation – £1.50 each at time of application.
• Dealing with the Grant of Representation only with an IHT205 - £1,250
• For IHT400 and obtaining the Grant of Representation- from £2,500

As well as the above disbursements, if a legal advisor deals with the estate administration on behalf of an Executor or Administrator, legal fees will be incurred.

Girlings’ fees in relation to estate administration are calculated on the basis of the time actually spent administering the estate in accordance with your instructions. The Wills, Tax & Estate Administration department’s current hourly rates (exclusive of VAT at the prevailing rate) are as follows:

Every estate is different and varies by size and complexity. Our fees can be affected by the number and value of assets in the estate, whether there is a Will, and the number of beneficiaries. By way of an estimate, we usually find that our fees amount to approximately 3% of the gross value of the estate excluding VAT. The gross value of the estate is the total value of all assets within the estate before the deduction of any debts and liabilities. The following example is for illustrative purposes only and is not a guarantee of the fees that you will pay, which will be determined by your specific situation:

Example: If an estate is worth £300,000, Girlings’ legal fees are likely to be in the region of £9,000 plus VAT.

Where further fees arise during estate administration, we will advise you immediately. If any aspect of probate becomes disputed, additional fees will apply.