FAQs

1. Can you change distribution of the estate assets?

   Yes, if agreed by the beneficiaries affected by the changes.

   The way in which an estate is distributed after death is usually detailed in a person’s Will or in accordance with the rules of intestacy. A Deed of Variation is a legal document used by beneficiaries to change a deceased person’s Will or intestacy, allowing them to make alterations to any entitlements associated with the estate.

   If prepared within two years from the date of death, the Deed of Variation can be treated as if the deceased had specified the wishes themselves, and can therefore be used to provide a more tax-efficient way to distribute the estate.

2. What is the timescale for administering an estate?

   The timescale can vary widely depending on factors such as the complexity of the estate, value of the estate, any tax due, and any disputes or challenges that may arise.

   The average timescale is around 8 to 12 months, although in some more complex cases, particularly those with disputes or significant assets, this can take 2 years or more. The timescale can also be impacted if there is property to sell, or complex inheritance, income or capital gains tax to resolve.

   Your legal advisor will provide you with a bespoke time estimate and outline all the stages in the process with you so that you are clear on what to expect.

3. How long do I have to make an I(PFDA) 1975 Claim?

   The time limit to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 is set out in Section 4 of the Act. This broadly states that a claim may be brought before the issue of a Grant of Probate/Letters of Administration, but that once issued, there is a strict 6 month time limit for a claim to be brought.

   Once 6 months has elapsed after the date of issue of the Grant of Probate/Letters of Administration then a claimant is out of time, unless very exceptional circumstances arise, in which case an application would need to be made to Court for permission to make a claim.

4. How much does probate cost?

   The cost of probate varies due to the complexity and work involved required to administer the estate.

   We will have an initial chat with you to discuss the estate and the work required, and then provide you with a bespoke fee. We can help you as much or as little as you need, and tailor our costs on that basis.

   Grant of Probate

   If you only require assistance in obtaining the Grant of Probate/Letters of Administration and would then like to deal with the assets/liabilities yourself, we will work on a fixed fee basis and our fees start at £1,500.00 plus VAT.

   Estate Administration

   We will produce a pricing proposal after our initial meeting. This proposal will normally give you 2 or 3 options for our costs. The options given will often comprise one or more of the following, although other options may be offered if appropriate:

   • Hourly rate charges for the work undertaken, plus an additional value element of a small percentage of the estate (usually between 0.5% and 1.5% of the gross estate), if appropriate
   • A fixed fee
   • A fixed percentage of the gross estate.

   To give you an idea of costs, we find that the average costs for estate administration on an hourly rate basis is:

   Value of the estate	Starting from (plus VAT)
   Up to £325,000.00	£3,750.00
   Up to £650,000.00	£5,650.00
   Up to £1.5 million	£7,950.00
   £1.5 million	By agreement

5. What is a Grant of Probate/Letters of Administration

   A Grant of Probate and Letters of Administration are both types of a Grant of Representation, and are obtained by the executors/administrators of a deceased person’s estate to prove their authority to administer the estate. A Grant of Representation enables the executors/administrators to deal with financial assets and property within the estate.

   Grant of Probate

   If the deceased person died leaving a Will, their executors will apply to the Probate Registry for a Grant of Probate. The Grant of Probate provides the legal authority for the executors and confirmation that the Will is valid.

   Letters of Administration

   If the deceased person died intestate without leaving a Will, their next of kin, as per the laws of intestacy, will apply to the Probate Registry for the Letters of Administration. The Letters of Administration appoint an administrator to manage and distribute the estate according to the laws of intestacy.