What services are included in this?
Probate Services
Probate is the legal process of administering a will so that the heirs and beneficiaries of
the decedent can received their assets, with any taxes due being paid before the estate is
distributed.
Probate is frequently an extremely distressing process for a family, as administering an estate
– the property and monies left by the deceased – involves carrying out the last wishes of a loved one.
Dr. Holger Dann can advise at this difficult time – and our specialist probate services can help families and spouses or
partners deal with their loved one’s estate as efficiently as possible, and without the stress that inevitably arises when
families and spouses try to administer their loved one’s estate without a professional executor such as a solicitor.
Probate can be a complex and lengthy process – and can also involve many different areas of law such as property law, family law,
tax and inheritance law.
Dr. holger Dann can also administer wills involving multiple marriages and family members who were partners in a business, as well
as probate involving intestacy, where no will has been made.
Stages of Probate
There are five basic stages to the probate process, including collecting together assets and monies, valuing all assets, applying
for probate, distributing the bequests in the will and drawing up accounts showing how the estate was distributed, which are then
sent to the beneficiaries.
In some cases, probate might be delayed by a beneficiary contesting a will – contentious probate matters can be highly stressful
and will delay the administration of an estate and distribution of any bequests.
Dr. Holger Dann - Probate Services
Dr. Holger Dann offers a full range of probate services – and our probate specialists offer clear and focused advice
on probate, as well as being sensitive to clients’ needs at this most difficult time.
Dr. Holger Dann offers competitively-priced fixed fees for probate matters whenever possible, with hourly rates for contentious
probate matters.
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How Do I Know If And When Probate Is Required?
In some cases probate is not needed if the value of an estate is below £15,000. Assets above this figure are also exempt from
probate if they are held in a trust – in these cases, the assets are managed by the trustees and certain assets can pass
directly to a beneficiary, or be disposed of without being included for the purposes of probate.
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Forward planning and taking advice on how to protect assets from inheritance tax or capital gains tax are essential when
writing a will, which is why we suggest speaking to Dr. Holger Dann for expert support
and advice on these matters.
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The process of probate involves drawing together all assets which belong to the deceased – such as property, money and possessions
– which are then valued for the purposes of the estate and applying for probate.
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Taking steps such as placing assets in trusts can reduce the value of an estate for probate purposes – and can be tax efficient,
as well as making sure assets are passed to beneficiaries with as low a tax liability as possible.
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Property can also be placed in a trust so that they are removed from the estate for the purposes of inheritance tax.
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Whether an estate is a high-value estate with extensive assets and property or land – or a more modest estate – ensuring that your heirs and future generations benefit from your property and wealth is important.
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Failing to remove valuable assets – or even the family home – from probate can be costly for your heirs and future generations, with sizeable inheritance tax or capital gains tax bills being a threat to the future financial security of families.
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Whether you are planning to make a will and need advice on how best to reduce tax liability – or if you are dealing with an estate and are not sure about the probate process – taking legal advice from a specialist Duncan Lewis Probate lawyer can help preserve wealth and property for your family’s future.
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Type of fee: Fixed fee (estimate based on the work involved in conducting the matter).
Costs: Costs can be between £2,500- £7,500. Average price £3,700 plus VAT.
- The amount of supporting evidence that we need to consider
- Failure to cooperate with advice
- Disagreements between family members as to who should be personal representative
- Difficulties establishing whether a will was made
- Disagreements between beneficiaries
- Unforeseen complexities that may arise
- Director - £373 plus VAT
- Solicitor - £244 plus VAT
- Paralegal - £139 plus VAT
- Any court fees such as probate court fee and fees for additional copies of grant of probate.
- Other expenses where applicable such as swearing of oath fee of £5.00 per executor.
- Law Society Gazette Wills & Whereabouts advertisement of £300-£500.
- London Gazette advertisement to protect against creditors £185 plus VAT (Approx.)
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Lasting Powers of Attorney
Lasting power of attorney (LPA) is a legal document made between a donor – the person who gives power of attorney – and people the donor appoints as attorneys to manage their affairs.
An LPA can be made by anyone aged 18 or over who has the mental capacity to act for themselves.
There are two different types of LPA which can be made – one relates to the management of finances and property, and the other to the health and welfare of the donor.
A donor can choose different attorneys for each LPA, to ensure that the best people are chosen to care for them if they are unable to care for themselves, or to handle their financial affairs.
Choosing attorneys can be a difficult process – and it is best to take expert legal advice to make sure that attorneys are able to fulfil the wishes of the donor, and have any necessary expertise to handle finances effectively, or are able to either care for a person or arrange care.
How to Make a Lasting Power of Attorney
Deciding who you wish to care for you or handle you finances and property affairs is the first stage – and once the chosen individuals have agreed, it is necessary to complete an official form, which has to be lodged with the Office of the Public Guardian. Once the form has been lodged, it may take up to ten weeks for the LPA to become officially registered.
There is usually a fee to register each LPA.
An LPA relating to care and welfare can only be used once a donor becomes incapacitated and unable to act for themselves – however, an LPA relating to finances and property can be used as soon as the LPA is officially registered.
For this reason, it is advisable to consider appointing a solicitor to help manage finances and advise on care decisions – more than one attorney can be appointed for each LPA and appointing a solicitor can help alleviate the burden of making decisions from family members who may not know about access to care, or financial or property law.
