Wills & Probate

 

Wills

A Will is a legal document that allows you to specify what should happen to your money, property, investments and possessions, as well as your dependants after you pass away.

If you die without writing a legally valid will, the government will decide who receives the assets of your estate. If you have no living family members, your full estate will go to the Crown. If you have children under 18, other people can make decisions on who will look after them and their finances. By writing a will you can specify your wishes and avoid these issues.

When you get married or enter a registered civil partnership, this automatically invaludates any existing wills you and your partner may have.

We can write:

  • Single Wills - made just for you.

  • Mirror Wills - made with someone who has similar wishes to yours.

  • Trust Wills - made with increased asset protection and flexibility.

Your Will will include:

  • Who you would like to execute your will (who deals with your estate after you pass away)

  • Who you would like to inherit from you

  • Who you’d like to look after your dependents

  • Details of any specific gifts you would like to make

  • Your funeral wishes (optional, not legally binding)


Probate

We are authorised and regulated by the Institute of Chartered Accountants in England and Wales (ICAEW) to undertake non-contentious probate work in England and Wales. This allows us to provide a streamlined service to our clients rather than passing the work to a solicitor, making the work more cost-efficient.

Probate can be a lengthy and time consuming process. It can take up a lot of your time and take longer than you expected to process. If you make any errors when completing the work, you could be held legally or financially responsible. However, if we perform the probate work on your behalf this becomes our responsibility.

As we are accountants, we already have the knowledge of accounting and taxes that goes into probate services. This means we can help to ensure that the beneficiaries receive the full inheritance they are entitled to, whilst also reducing the risk of administrative errors.

Services we can offer:

  • Getting the grant of probate

  • Assessing the value of an estate

  • Dealing with the legal, tax, property and estate administration affairs on your behalf

  • Will reviews

  • Inheritance Tax review

  • Power of Attorney

  • More availabel upon inquiry.

We cannot conduct contentious probate. If there is a dispute in a probate assignment we take on, that assignment must be passed on to a specialist probate lawyer. Once the point of contention is settled then we can resume the work.


How we Charge for Probate

  • We are committed to transparent pricing. The total cost of probate depends on the complexity of the estate, the quality of the records available, and whether any inheritance tax is payable. Below we explain how we charge and provide typical fee ranges.

    All fees quoted are inclusive of VAT.

    We charge either:

    • A fixed fee (where the scope of work is clearly defined), or

    • On a time-spent basis at the hourly rates set out below for any additional tasks outside the defined tasks.

    Hourly Rates

    • Probate Responsible Individual: £180 per hour

    We will confirm the appropriate basis of charging in your engagement letter before any work begins.

    We do not generally charge as a percentage of the estate value.

    Instead, we charge:

    • A fixed fee (where scope permits), or

    • Based on time spent at agreed hourly rates

    This means our fees reflect:

    • The complexity of the estate

    • The actual work required

    • The time involved

    Not simply the size of the estate.

    For higher-value but straightforward estates, this can result in significantly lower fees than a percentage-based model.

    We will always provide a clear written estimate before commencing work.

  • A simple estate typically involves:

    • A valid Will

    • Up to 3–4 beneficiaries

    • Up to one residential property in England or Wales

    • Fewer than 5 bank/building society accounts

    • No inheritance tax payable

    • No business assets or overseas assets

    • No disputes or missing beneficiaries

    Our Typical Fees

    For estates meeting the above criteria, our fees typically range between:

    £1,800 – £9,500 broken down as:

    £1,800 – £3,500 – Application for the Grant of Probate

    £2,400 – £6,000 – Estate Administration

    This Usually Includes:

    • Initial meeting and advice

    • Identifying and valuing assets and liabilities

    • Preparing the probate application

    • Preparing the relevant HMRC forms (non-taxable estate requiring PA1P form only)

    • Applying for the Grant of Probate

    • Collecting in assets

    • Settling liabilities

    • Preparing estate accounts

    • Distributing the estate to beneficiaries

    Typical Timescale

    Generally 3–9 months, depending on asset realisation and third-party response times.

  • What Makes an Estate Complex?

    An estate may be complex where it includes one or more of the following:

    • No valid Will (intestacy)

    • Inheritance tax payable

    • Multiple properties

    • Business interests or shareholdings

    • Trust interests

    • Foreign assets

    • Agricultural or relief claims

    • Numerous beneficiaries

    • Missing beneficiaries

    • Disputes or potential claims

    Our Typical Fees

    For complex estates, fees typically range between:

    £3,600 – £12,000 broken down as:

    £3,600 – £6,000 – Application for the Grant of Probate

    £2,400 – £6,000 – Estate Administration

    In more substantial or technical estates, fees may exceed this range. We will always provide a tailored estimate once we understand the full circumstances.

    This May Include:

    • Detailed inheritance tax calculations

    • Preparing IHT400 and supplementary schedules

    • Liaising extensively with HMRC

    • Advising on reliefs (e.g. Business Property Relief)

    • Coordinating property sales

    • Managing business or investment disposals

    • Dealing with overseas assets

    • Additional reporting requirements

    Typical Timescale

    Usually 6–18 months or longer where inheritance tax is payable or assets are complex.

  • Disbursements are costs payable to third parties and are not part of our fees. These typically include:

    • Probate Registry application fee

    • Official copies of the Grant

    • Statutory notices (if required)

    These costs vary depending on the estate. We will provide an estimate before they are incurred.

  • Unless specifically agreed, our fees do not include:

    • Conveyancing for the sale or transfer of property

    • Administration of ongoing trusts

    • Contentious probate or disputes

    • Independent financial advice

    • Tax advice beyond the estate administration

    If additional work becomes necessary, we will discuss this with you and agree any revised fees before proceeding.

  • Before commencing work, we will provide:

    • A written engagement letter

    • Details of the scope of work

    • Confirmation of fees and charging basis

      We are authorised and regulated for probate services by the Institute of Chartered Accountants in England and Wales (ICAEW).

    We are committed to providing a high-quality service. However, if something is not up to our usual standard, we aim to resolve the issue as quickly and fairly as possible.

    If you are dissatisfied with any aspect of our service, please contact:

    Polly Geraghty - Probate Manager

    polly@tgeraghty.co.uk

    01636 642882

    Tom Geraghty & Associates, 38 Northgate, Newark-on-Trent, Nottinghamshire NG24 1EZ

    Please set out the details of your complaint, including:

    • What has gone wrong

    • When it occurred

    • What you would like us to do to resolve the matter

    We will:

    1. Acknowledge your complaint within 5 working days.

    2. Investigate the matter independently and thoroughly.

    3. Provide a written response within 8 weeks of receiving your complaint.

    If we need more time, we will explain why and keep you updated.

    Complaints handling is free of charge.

    If you are not satisfied:

    If you are not satisfied with our final response, or eight weeks have passed since you first raised your complaint, you may refer the matter to the ICAEW.

    The ICAEW can review complaints about:

    • The service you have received

    • Our compliance with probate regulations

    • Professional conduct matters

    Contact details are available via the Institute of Chartered Accountants in England and Wales website.

    Legal Ombudsman

    If your complaint relates to probate services and we have been unable to resolve it to your satisfaction, you may also have the right to complain to the Legal Ombudsman.

    The Legal Ombudsman is an independent body that investigates complaints about legal service providers.

    You normally need to:

    • Refer your complaint within six months of our final written response, and

    • Refer the complaint no later than one year from the date of the act or omission complained about, or one year from when you should reasonably have known there was cause for complaint.

    Further details are available from the Legal Ombudsman website.

    Compensation Arrangements

    In certain circumstances, you may be eligible to make a claim to the ICAEW Compensation Fund. This fund is designed to provide compensation to clients who have suffered financial loss as a result of dishonesty or failure to account for money by an ICAEW member or firm.

  • In addition to hourly rate or fixed-fee charging, some legal service providers charge probate fees as a percentage of the gross value of the estate.

    Under the transparency rules of the Solicitors Regulation Authority (SRA), many solicitors publish pricing based on a percentage of the estate.

    Typical Solicitor Percentage Fees

    It is common in the market for firms to charge:

    • 1% – 2% of the gross estate value, plus

    • VAT, and

    • Disbursements

    Some firms may charge separate percentages for property and non-property assets.

    Example Comparison

    If an estate is valued at £500,000:

    • A 1.5% fee would equal £7,500

    • Plus VAT (at 20%) = £9,000

    • Plus disbursements

    If the estate includes a property valued at £750,000:

    • A 2% fee would equal £15,000

    • Plus VAT (at 20%) = £18,000

    • Plus disbursements

    These fees are based on estate value rather than complexity or time spent.