Probate Information

Kingscott Dix are authorised to obtain a Grant of Probate (if the deceased left a will) or Letters of Administration (where the deceased died intestate) to enable the executors (or personal representatives) to deal with a deceased’s estate.

Prior to taking on this work, we need to establish whether the estate is or is expected to be in dispute (contentious) for any reason, as if so then we are not authorised to take on this work, and we would need to refer you to a solicitor.

Prior to obtaining a grant, a tax return has to be made to HMRC.  We are able to calculate the estate’s Inheritance Tax liability (if any), ensuring that all available reliefs such as Business Property Relief and Agricultural Relief are claimed.  We can also advise whether any variations of the will are possible to lawfully reduce the amount of tax payable to HMRC.

Once the grant has been obtained, we can assist you with the administration of estates i.e. collecting the estate assets, paying the liabilities and distributing to the beneficiaries.

Our fees for probate work are based on the time spent and the experience of the staff involved. All the work will either be undertaken by Mark Spashett, as our probate authorised individual, or under his guidance, and as a guide hourly rates are between £80 and £200 per hour plus VAT.

Before we start work, we will provide an estimate of our fees based upon the particular circumstances of your matter. Fees vary according to a number of factors, including the complexity of the matter, whether the deceased had a will or died intestate, the value of the estate, the tax position, the type of assets held and the number of executors and beneficiaries involved.

If we can provide a fixed fee for work, we shall endeavour to do so.

Typical probate costs range between £1,500 to £12,000 plus VAT. Disbursements are charged at cost and these will include probate application fees and copies of the grant.

The time taken for completing the probate work will vary, but typically it can take between 6 and 9 months (dependent on the Probate Office processing time) to obtain a grant of probate and a further 12 to 18 months to complete the administration of an estate. We will be able to give you a better idea of how long it will take to administer the estate once we have more details and as the matter progresses.

If you have a complaint, or would like to talk to us about how we could improve our service to you, or if you are unhappy with the service you are receiving, please contact Mark Spashett, who is the Head of Legal Practice.

We will consider carefully any complaint you may make about our work as soon as we receive it and we will do all we can to resolve it. We will acknowledge your letter within five business days of its receipt and endeavour to deal with it within eight weeks. As this service is defined as being a legal service under ICAEW guidelines, it is under the jurisdiction of the Legal Ombudsman. Accordingly, if we do not deal with your complaint in this time, or if you are unhappy with our response, you may of course take up the matter with the Legal Ombudsman.

The Legal Ombudsman’s ability to deal with your complaint is dependent on the following factors;
a) you must refer the complaint to the Legal Ombudsman no later than:
• six years from the act/omission; or
• three years from when you should reasonably have known there was cause for complaint; and
b) you must refer the complaint to the Legal Ombudsman within six months of the date of our written response.

Contact details for the Legal Ombudsman
T: 0300 555 0333
E: enquiries@legalombudsman.org.uk
Legal Ombudsman, PO Box 6806, Wolverhampton WV1 9WJ

In the unlikely event that we cannot meet our liabilities to you, you may be able to seek a grant from ICAEW’s Probate Compensation Scheme. Generally, applications for a grant must be made to ICAEW within 12 months of the time you became aware, or reasonably ought to have become aware, of the loss.

Further information about the scheme and the circumstances in which grants may be made is available on ICAEW’s website: www.icaew.com/probate.

Kingscott Dix Limited is licensed by the Institute of Chartered Accountants in England and Wales to carry out the reserved legal activity of non-contentious probate in England and Wales.

Details of our probate accreditation can be viewed at www.icaew.com/probate under reference number C002478055.