Applying for the Grant – Non-Taxable estates only
Sometimes clients wish us to act for them on a more limited basis as they feel able to ascertain the value of the assets themselves, but do not feel comfortable dealing with the actual probate application. In these cases, we will agree to act for you on a grant only basis. You provide us with all the values of the assets (you take responsibility for providing the correct information) and we then complete the documents to apply for a grant. This normally consists of: –
- An Oath
- IHT forms (either IHT205 or IHT400)
In this case we will agree a fixed fee with you.
If the estate is an excepted estate (broadly speaking an excepted estate is a small estate or an estate where there is no tax payable because of spouse or charitable exemptions and is under a £1,000,000) and requires an IHT205 and Oath only the fixed fee is £950 plus VAT (£1140) plus disbursements (see below).
In certain circumstances an IHT400 is required, even if there is no inheritance tax payable. In these circumstances we will prepare the IHT400 (together with all supplementary pages) and Oath for you for a fixed fee of £1950 plus VAT (£2340) plus disbursements (see below).
Once we have completed the paperwork and you have signed it, we will then submit the paperwork to the court and HMRC (if appropriate) to apply for the grant.
This service and fee do not include: –
- Ascertaining the value of the estate
- Dealing with subsequent queries from HMRC
- Collecting in the assets, paying the liabilities, preparing estate accounts and distributing the assets
- Dealing with the sale or transfer of any property
- Preparing income/capital gains tax returns to the date of death and the administration of the estate
- Paying any liabilities of the estate.
- Liaising with any beneficiaries
- Liaising with any asset providers or creditors.
This quote is for estates where there is a Will.
Disbursements are charges related to your matter that are payable to third parties, such as court fees. We handle the payment of disbursements on your behalf to ensure a smoother process. The disbursements that are likely to be payable are: –
- Probate Application fee of £155 plus an additional 50p per copy grant required (usually one per asset)
- £7 swearing of the oath (per executor)
All of the cost information provided above is general and we will be very happy to give you more precise and personalised information once we understand the specific circumstances so please do get in touch with us.
How long will this take?
Timescales vary and we will be able to advise once we understand the details of the situation. Typically it will be between 2 to 3 months to obtain the grant.
As stated above, our legal fees are normally charged at an hourly rate and this rate depends on the experience of the lawyer in charge of your matter:
Helen is the head of the Private Client team at BTTJ. She qualified as a solicitor in 1996 and has specialised in Private Client work since 1998. She is a member of the Private Client Section of the Law Society.
Jill works as a Consultant for BTTJ and is hugely experienced. She is a member of both Solicitors for the Elderly (SFE) and the Society for Trust and Estate Practitioners (STEP).
Emma has specialised in Private Client matters since 2002 and was admitted as a Fellow of the Institute of Chartered Legal Executives in 2009. She is also a fully qualified member of the Society of Trust & Estate Practitioners (STEP).
Lauren is a Legal Apprenctice and is currently working under the supervision of Helen.
We are very happy to discuss your individual situation with you and provide you with an exact price based on your specific circumstances, so please do get in touch with us.