What is contentious probate?

Contentious probate covers various types of disputes which commonly arise between families relating to wills, the appointment of executors, or the way in which an estate is being administered.

Contentious probate claims are inherently risky and anyone querying a will or seeking to challenge executors should be clear about the risks.

Types of wills and probate disputes

• Disagreement over the value of assets;
• Differing interpretations of a will;
• Where someone has lodged a caveat on a will holding up grant of probate;
• When there is a lack of information or access to accounts or financial information has been refused by executors;
• Allegations of negligence or fraud by executors;
• Where executors appear to be acting outside of their powers;
• Disputes between beneficiaries and executors/trustees;
• Applications to remove or substitute executors or trustees;
• Claims that a will has been forged or changed, is not the last will made or that the testator was unduly influenced;
• Where a close relative has been excluded from the will and seeks to make a claim under the Inheritance Provision for Family and Dependents Act

Applying for a caveat on a will

If a party wishes to put a block on probate being granted, they can apply for a caveat on the will.  The key point to understand is that the caveat process only applies where there are grounds to assert that there are legal concerns about the will itself, not when someone is trying to dispute the will’s contents. The main grounds for successfully making a caveat application relate to alleged forgery, undue influence or lack of capacity.

What rights do beneficiaries have in the probate process?

Beneficiaries have a number of legal rights relating to the administration and distribution of an estate.  Executors have a general duty to keep beneficiaries informed and to provide them with information and accounts. However, this duty is general, and disputes often arise as to specifics and detail.  The general rule that beneficiaries should be provided with some form of accounts does not apply to beneficiaries who are inheriting a specific legacy only.   Frustrations and suspicion do sometimes arise where only summary accounts or information has been provided, or where the executors appear reluctant to communicate or fail to do so quickly.

Our solicitors in London can advise on any probate dispute, concern about a will or the conduct of executors or trustees. Please do get in contact. 

We advise our clients on the management of their private wealth, preserving it for future generations and ensuring that on their death it will pass in accordance with their wishes in an effective and tax efficient way.

Tax advice is an essential part of succession arrangements, as effective planning can produce significant tax savings.

We guide clients through their options which may include making lifetime gifts, the use of tax-efficient wills and the placing of assets in structures such as trusts and companies.

Our aim is to enable our clients to control, with a degree of flexibility, their assets during their lifetime and after their death and to maximise any tax savings.

We seek to build enduring relationships with our clients, and always work to obtain and develop a thorough understanding of individuals, their families and their assets. As a result we provide tailored planning advice which is appropriate to the particular needs of each client.

If you need solicitors for estate planning please do call or email – we have a highly experienced team who find the best solutions for each client.

Streathers has a highly experienced private client department. Our lawyers have expertise in various fields including probate and the administration of estates.

The estates we assist with vary greatly, from complex estates involving high value or unique assets in multiple jurisdictions, to simple UK estates with no inheritance tax payable.

Decades of experience tells us that all probate matters are different. In every case we ensure we work closely with the family and personal representatives to provide clear advice and guidance on what needs to be done, how long this will take and how much it will cost.

Our charges

Because the services we offer are bespoke, the following charges are intended to be an outline guide only and the exact figure will always depend on individual facts and circumstances of the matter.

We will give you an initial estimate which is tailored to these specific facts and circumstances once information about the estate’s assets, its beneficiaries and relevant documents have been considered.

We do not offer fixed fees for our work on an estate administration and we do not charge our fees on a percentage of the value of the estate.

We charge on a time-spent basis – calculated by reference to hourly rates. Our hourly rates range between £160 per hour (for a trainee solicitor) to £400 per hour (for a senior partner) + 20% VAT.

For a straightforward probate matter, we estimate this would take approximately 10 – 18 hours and our fees would be likely to be in the region of £3,000 – £5,000 + 20% VAT.

The following is a non-exhaustive list of examples which make a probate matter straightforward:

1. There is a valid Will;
2. There is no more than one property;
3. There are no legal issues with the title to the property;
4. There are a small number of bank or building society accounts;
5. There are a small number of shareholdings or one share portfolio with a single investment manager;
6. Where applicable, there are share certificates for all shareholdings;
7. There are no other intangible assets;
8. There are a small number of beneficiaries;
9. There are no disputes between beneficiaries;
10. There are no claims made against the Estate; and
11. There is no inheritance tax to pay and the executors do not need to submit a full account to HMRC.

Where the estate is subject to inheritance tax and we need to submit a full account to HMRC, this will take longer and accordingly our costs will be higher.

If the probate is otherwise broadly regarded as straightforward (i.e. points 1 to 10 above still apply), our fees are likely to be in the region of £5,000 – £10,000 + 20% VAT.

Where the estate is subject to inheritance tax and there are other factors meaning it is not a straightforward estate our fees are likely to be in excess of £10,000 + 20% VAT.

These examples demonstrate how our costs will vary depending on the situation.  We recognise the importance of transparency concerning costs and would provide a bespoke written estimate once we were clear about the extent of the work required.

We charge a compliance fee per instruction which can cost anywhere between £12.50 – £150 + 20% VAT depending on the number of parties to check and complexity of work involved.

Disbursements

Disbursements will also be payable. These are costs relating to your matter that are payable to third parties, such as the Probate Registry. We handle the payment of disbursements on your behalf to ensure a smoother process. The disbursements are likely to include the following:

How long will the administration of the Estate take?

From the point of sending the probate application to the Probate Registry, the Grant of Probate can take in excess of 16-20 weeks to be issued. Please note that this timeframe can vary considerably due to the Probate Registry’s delays in processing applications.  Once probate is granted, straightforward estates can be concluded within a matter of a few months. However, for more complex estates, we tend to find that the average timeframe is approximately 6-9 months.

Key stages in the probate process

The stages will vary depending on the circumstances although most cases will generally involve:

1. Meeting with the executors or the family to take instructions and discuss the process;
2. Obtaining details of assets and liabilities of the estate;
3. Preparing an inheritance tax return and probate application;
4. Collecting in the deceased’s assets and settling any liabilities; and
5. Distributing the estate and finalising the tax position.

Our costs set on this page are based on our work broadly compromising the above steps A – E and do not include any of the following:

• Contested estates;
• Costs for drafting Deeds of Variation of Disclaimer or other Affidavits, if they are required;
• Costs associated with drafting Powers of Attorney, where the personal representatives appoint us to obtain probate on their behalf;
• Estate Planning advice;
• Dealing with an intestacy or insolvent estate;
• Arranging insurance;
• Time spent tracing assets or beneficiaries;
• Time spent in the more day-to-day duties of the personal representative, such as closing utility or council tax accounts or arranging house clearance;
• Work in relation to pre-death tax returns and confirming the pre-death tax position;
• The sale or transfer of any property in the estate; and
• Administering and advising on any trust arising from the Will or otherwise.