At Cowling Swift & Kitchin, we provide a full range of private client legal services, including:

• Probate and Estate Administration
• Powers of Attorney (including registration with the Office of the Public Guardian)
• Estate Tax Planning
• Trusts
• Wills

We also offer home visits for clients who may have difficulty attending our office.

Probate and Estate Administration

We provide a sensitive and comprehensive service to help you deal with the legal and financial matters following a bereavement. We can assist whether or not there is a valid Will in place.

Who will deal with your matter?

Your matter will be handled by:

• Richard Rusby, Solicitor / Director
• Claire Spence, Solicitor / Director

Both have significant experience in probate and estate administration and are supported by our wider private client team.

Our service includes

Our work typically includes:

• Advising on family provision claims
• Identifying and collecting in estate assets
• Preparing and submitting inheritance tax (IHT) returns
• Applying for the Grant of Probate or Letters of Administration
• Settling liabilities, including debts and taxes
• Preparing estate accounts
• Distributing the estate to beneficiaries

Our fees

How we charge

We usually charge for probate work based on a percentage of the gross estate value, reflecting the responsibility and complexity involved in administering estates.

Our fees typically range from:

1% to 1.5% of the gross estate value + VAT (20%) + disbursements

This means, for example:

• Estate valued at £200,000 → fees of £2,000 to £3,000 + VAT
• Estate valued at £500,000 → fees of £5,000 to £7,500 + VAT

Alternative pricing

In some cases, we may agree:

• A fixed fee; or
• An hourly rate (currently £350 + VAT) on a smaller Estate for example an Estate under £200,000.00

We will confirm the most appropriate pricing structure after an initial discussion with you.

What affects the cost?

Costs may increase depending on:

• The number and type of assets
• Whether property needs to be sold
• The number of beneficiaries
• Any disputes or claims against the estate
• Tax complexity or HMRC enquiries
• Overseas assets

We will always discuss any likely increase in costs with you as soon as possible.

Disbursements (additional costs)

Disbursements are payments made to third parties. Typical examples include:

• Probate application fee: £300
• Office copies of the Grant: £16 per copy
• Bankruptcy searches: approximately £6 per name + VAT
• Anti Money Laundering Searches: £7.20 per person
• Land Registry office copies: £7 per title + VAT
• Search of the Index Map (for unregistered properties): £8.00 + VAT
• Trustee Act Notices (if required): £200–£600 + VAT

We will provide a more accurate estimate once we know the details of the estate.

Timescales

The time required will depend on the complexity of the estate. Typically:

• Obtaining the Grant of Probate: 8–16 weeks from submitting the application to the Probate Registry, however the date of application will depend upon the size and nature and complexity of the Estate which will be discussed
• Administering the estate: 12 months overall

More complex estates may take longer.

Exclusions

Our fees do not usually include:

• Preparation of income tax or capital gains tax returns during the administration period (we may recommend an accountant)
• Sale of shares (we may instruct a broker)
• Post-death tax planning (such as deeds of variation), which can be provided for an additional fee

Powers of Attorney

A Lasting Power of Attorney (LPA) allows you to appoint someone to make decisions on your behalf if you lose capacity.

There are two types:

• Property & Financial Affairs LPA
• Health & Welfare LPA

Fees

• £500 + VAT per LPA
• Registration fee: £92 per LPA (payable to the Office of the Public Guardian)

Wills

Making a Will ensures your estate is distributed according to your wishes.

Fees

• Single Will: £500 + VAT
• Mirror Wills (for couples): £600 + VAT

Trusts and Tax Planning

We advise on the creation and administration of trusts, and on estate tax planning.

Fees for this work will depend on the complexity of your requirements. We will provide a clear estimate before you instruct us.