Losing a loved one is difficult, and dealing with their estate can often be overwhelming. At HM & Co. Solicitors, we are committed to making the probate process as smooth and efficient as possible, ensuring that estates are wound up in a timely manner.
Our expert team can help you obtain the Grant of Probate, administer the estate, and guide executors and administrators through their legal responsibilities.
We also specialise in contentious probate, helping families and beneficiaries resolve disputes over wills, estates, and trusts. Disputes can be emotionally and financially damaging, but our experienced solicitors will work with you to resolve matters quickly, whether through negotiation, mediation, or litigation if necessary.
What is Probate?
Probate is the legal process of administering a deceased person’s estate, ensuring that their assets are distributed according to their will (or intestacy laws if no will exists).
The process includes:
✔ Obtaining the Grant of Probate (if a will exists) or Letters of Administration (if there is no will).
✔ Valuing the estate and settling any debts.
✔ Calculating and paying any Inheritance Tax (IHT).
✔ Distributing assets to beneficiaries.
If disputes arise, contentious probate refers to legal disputes over a will’s validity, the administration of an estate, or inheritance claims.
How We Can Help
We offer a fixed fee or a time-spent option for probate services, allowing flexibility in costs. Our team will advise on:
✔ Obtaining Grant of Probate quickly and efficiently.
✔ Administering estates, including managing assets, debts, and distributions.
✔ Handling complex estates, including those with business assets or foreign elements.
✔ Resolving disputes over wills, trusts, and estates.
We always strive to avoid litigation where possible by using mediation and alternative dispute resolution (ADR), but if necessary, we will support you through court proceedings.
Probate Costs: Fixed Fee vs. Time-Spent Option
1. Fixed Fee Probate Services
If preferred, we offer a fixed fee for estate administration.
- We will review the estate’s details and provide a quote upfront, taking into account assets, liabilities, and potential complexities.
- This option provides cost certainty for clients.
2. Time-Spent Option: What Affects the Cost?
For estates with complex assets or disputes, costs vary based on:
✔ Size of the estate – Larger estates take longer to administer.
✔ Types of assets – Property, business interests, and overseas assets can add complexity.
✔ Inheritance Tax (IHT) liabilities – If tax planning or calculations are required.
✔ Lifetime gifts – If the deceased made gifts that impact IHT calculations.
✔ Number of beneficiaries – More beneficiaries increase administration work.
✔ Disputed estates – If there is a legal challenge over the will or estate distribution.
Estimated Fees:
£5,000 – £15,000 plus VAT (£6,000 – £18,000 including VAT).
Costs may be lower for simple estates or higher for complex estates.
What’s Included in Probate Administration?
A standard estate administration typically involves:
✔ Advising executors and beneficiaries throughout the process.
✔ Gathering asset and liability details (bank accounts, property, investments).
✔ Placing legal death notices in The London Gazette and local newspapers.
✔ Communicating with banks, creditors, and financial institutions.
✔ Calculating and paying Inheritance Tax (IHT).
✔ Liaising with HM Revenue & Customs (HMRC) regarding tax liabilities.
✔ Preparing legal documents and applying for Grant of Probate.
✔ Collecting assets, paying outstanding debts, and distributing to beneficiaries.
✔ Preparing a final estate account for executors’ approval.
If capital gains tax (CGT) or additional tax planning is required, we work with accountants to ensure compliance.
Potential Additional Costs
🔹 No Will / Intestacy Cases – Additional work is required if no will exists.
🔹 Estates with Shareholdings – Stocks, bonds, and complex investments require more time.
🔹 Overseas Assets – Estates with property or accounts abroad need specialist advice.
🔹 Property Sales / Transfers – Selling or transferring property is a separate legal service.
🔹 Disputes Over the Will – If beneficiaries contest the will, legal proceedings may be necessary.
We will provide a clear cost estimate if any of these situations apply.
How Long Does Probate Take?
Probate timeframes vary depending on estate complexity.
Average estate administration: 12 months
Simple cases: Less than 12 months
Complex cases: Can take longer than 12 months
Delays may occur if:
- There are disputes among beneficiaries.
- The estate includes business or overseas assets.
- HMRC investigates the estate’s tax position.
- The will’s validity is challenged.
What is Contentious Probate?
Disputes can arise over wills, inheritance, or estate administration. Common contentious probate issues include:
✔ Challenging a will’s validity – Claims of undue influence, fraud, or lack of capacity.
✔ Inheritance Act claims – Family members making claims under the Inheritance (Provision for Family and Dependants) Act 1975.
✔ Executor disputes – Concerns over executor conduct or delays.
✔ Trust disputes – Issues regarding the administration of trusts in an estate.
We aim to resolve disputes amicably using negotiation and mediation, but if necessary, we will represent you in probate litigation.
Why Choose HM & Co. Solicitors?
✔ Specialist Probate Team – Experienced in both estate administration and contentious probate.
✔ Transparent Costs – Fixed fees available for straightforward cases.
✔ Efficient Process – We handle probate quickly and effectively.
✔ Dispute Resolution Experts – We prioritise mediation to avoid costly litigation.
Contact HM & Co. Solicitors for Probate Services
If you need assistance with probate or contentious probate, our expert team is here to help.
Visit us: 186 Lower Road, Surrey Quays, London SE16 2UN
Call us: 0207 112 8180
Email us: info@hmsolicitorsltd.com
Let HM & Co. Solicitors take the stress out of estate administration and inheritance disputes. Contact us today for expert legal support.
