Wills, Probate and Power of Attorney services in Derby

Planning ahead

It is vital that personal loss is not made worse by poorly thought out wills and settlements. Our probate lawyers offer a caring and sympathetic approach, assisting elderly or vulnerable clients to make clear wills, designate a power of attorney if necessary and complete effective financial planning.

Probate

Our probate work is charged on a time basis; we do not charge a percentage of the value of the estate involved.

Fees tend to fall into three main bands as follows:

1. We obtain the grant of probate; the executors or administrators undertake the collection and distribution of the assets. This is only really appropriate for estates where there are a small number of assets, or where a grant is only required in connection with the sale of a property. Our fees for this are likely to be between £600 and £1,750 plus VAT at 20% and disbursements (where applicable VAT is charged at 20%) but excluding costs in connection with the sale of a property.
2. We obtain the grant of probate and undertake the collection and distribution of the assets for an estate where inheritance tax is not payable. Our fees for this are likely to be between £2,000 and £6,500 plus VAT @ 20% and disbursements (where applicable VAT is charged at 20%) but excluding costs in connection with the sale of a property.
3. We obtain the grant of probate and undertake the collection and distribution of the assets for an estate where inheritance tax is payable and/or a full statement has to be submitted to HMRC. Our fees for this are likely to be between £5,500 and £9,500 plus VAT at 20% and disbursements (where applicable VAT is charged at 20%) but excluding costs in connection with the sale of a property.

Our probate team allocates work so that it is done in the most cost efficient manner for the client. 

The charge out rates for members of the team are:

£200.00 per hour -  Mrs Nadine Waldron – Solicitor/Partner
£150.00 per hour -  Mrs Claire Morgan – Chartered Legal Executive   
£140.00 per hour -  Miss Natalie Hutchinson – Clerk
£35.00 per hour -   Miss Bryony Housley- Secretary

(VAT will be charged at 20% on these hourly rates)

Sales or transfers of property are charged at our normal conveyancing rates; an estimate will be provided before work is started on a sale.

The exact cost will depend on the individual circumstances of the matter. For example, if there is one beneficiary and no property and only one or two bank accounts, costs will be at the lower end of the range. If there are multiple beneficiaries, a property and multiple bank accounts, costs will be at the higher end. We would of course let you know as the case progresses if fees are likely to exceed the estimated figure.

Unless we are only obtaining the grant, we will handle the full process for you.

The band 2 estimate is for estates where:

   There is a straightforward valid will
   There is no more than one property

   There are no trusts involved
   There are no more than 2 or 3 bank or building society accounts
   There are no other intangible assets (e.g. shares, business interests etc)
   There are 1 to 3 beneficiaries
   There are no disputes between beneficiaries on division of assets. If disputes arise this will lead to an increase in costs
   There are no claims made against the estate

   There is no inheritance tax payable

   The full HMRC IHT form is not required.

Disbursements payable in addition to our fees:

Probate application fee of £273
Bankruptcy-only Land Charges Department searches (£2 per name searched)
Statutory notices in the London Gazette and a Local Newspaper vary between £150 to £250 together, including VAT @ "0%. These protect against against unexpected claims from unknown creditors.
   
Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Potential additional costs

If there is no will or the estate consists of any share holdings (stocks and bonds) there are likely to be additional costs that could range significantly depending on the estate and how it is to be dealt with. We can give you a more accurate quotation once we have more information.

If any additional copies of the grant are required, they will cost £1.50 each (1 per asset usually).

Dealing with the sale or transfer of any property in the estate is not included.

How long will this take?

On average, band 2 estates are dealt with within 9 to 12 months or so long as it takes the house to sell. Typically, obtaining the grant of probate takes 4 to 6 months from receipt of formal instructions. Collecting assets then follows, which can take between 1 to 3 months. Once debts and any legacies have been paid we usually pay out on account. The estate can be wound up and the final balance paid when everything has been finalised and the estate account signed off.

Contesting a will

When you are grieving, the last thing you need is a dispute over a will. You might feel as though you have been unfairly left out of the estate or the deceased was coerced into writing it. These are all complicated matters and we recommend that you get legal advice as soon as possible. Our team is happy to investigate fraud and undue influence and clerical errors, as long as you meet the conditions set out in the Inheritance (Provision for Family and Dependants) Act 1975. Get in touch to discuss your personal situation with one of our solicitors.