Probate - Grant Only Service

Our Fees

Administering an Estate can be a complex and stressful process at what is often a very emotional time. We can help with the burden of dealing with the Estate by advising you on, preparing the application and inheritance tax return, and ultimately obtaining the Grant of Probate on your behalf. 

Fixed fee of £780 (including VAT but excluding disbursements)

This fee is made up of:

  • Legal fees £650
  • VAT on legal fees £130

Fee includes: 

  • Up to a 1 hour consultation with a solicitor or Legal Executive at our offices
  • Where there is no will acting on behalf of a surviving spouse or civil partner or adult children to  obtain the Grant of Probate
  • Where there is a Will acting on behalf of the appointed Executors
  • Completion of short form Inheritance Tax Return IHT 205
  • Drafting the Oath to obtain the Grant of Probate or Letters of Administration
  • Meeting at our offices with a Solicitor or Legal Executive to advise you on the Inheritance Tax Return and the Oath and to obtaining your signature thereto
  • Obtaining the Grant of Probate of Grant of Letters of Administration and court sealed copies 

The fee does not include: 

  • Where there is no Will and no surviving spouse of adult children
  • Identifying beneficiaries of an intestate Estate
  • Obtaining valuations of the assets and liabilities in the Estate.
  • Arranging payment of funeral costs
  • Dealing with any property related issues such as insurance and utilities
  • Collecting in of assets and payment of outstanding liabilities of the Estate
  • Finalising any income tax /capital gains tax a payable by the estate with HMRC
  • Preparation of Final Estate Accounts
  • Distribution of the Estate to the beneficiaries
  • Where a long form Inheritance Tax Return IHT400 is necessary
  • Dealing with the sale or transfer of any property in the Estate
  • Potential disputes
  • Variations to the Estate
  • Dealing with the deceased’s business

If it becomes clear at our initial meeting that your matter requires additional work outside this service option then we will advise you of such at the initial meeting and provide you with details of the additional work required and confirmation of the additional charges.

* Fees are correct as of 4th December 2018


Disbursements

Disbursements which are the costs related to your matter that are payable to third parties such as court fees.   We handle the payment of the disbursements on your behalf to ensure a smoother process and include the following:

  • Probate application fee of £155 plus 50p for every court sealed copy of the Grant that we request
  • Swearing of the Oath fees - £7 per Executor
  • Bankruptcy only Land Charges Department searches - £2 per beneficiary
  • Land Registry fees payable if we transfer a property in the estate to a named beneficiary.  Such fees will be based upon whether the property is registered at the Land Registry and the value of the property.  Further details will be provided at your initial meeting.

There may be other disbursements including fees for notices in the London Gazette and Local Newspapers that help protect against unexpected claims against the Estate or searches with Certainty to try ascertain whether a Will exists.  If this is necessary we will advise you of such at your initial meeting and provide you with details of the costs.


How Long will my Matter Take?

Typically obtaining the Grant of Probate or Letters of Administration takes 8-12 weeks.


The Team

Jane Mawer is Head of the Private Client Department.  She has over 15 years experience within this area of law.

Faye Blair is a Solicitor with over eight years experience within the department.  

Jamie Dobbs is a Legal Executive. She is an integral member of the department and has extensive knowledge of this area of law having worked within the department for over 11 years.


Section 8 Notice or Section 21 Notice? image

Section 8 Notice or Section 21 Notice?

There is one question a lot of landlords have asked us over the years and that is “What is the Difference Between a Section 8 and Section 21 Notice?”.

The most basic difference between a section 8 and section 21 is that a section 8 notice is served when a tenant is in breach of contract (eg rent arrears), and a section 21 is served to end a tenancy agreement, simply so that the landlord can regain possession.

A section 8 notice, or notice to quit as it is also commonly known as, is so called because it operates under section 8 of the Housing Act 1988. A section 8 notice is served on the tenant by a landlord wishing to regain possession of a property during the fixed term of an Assured Shorthold Tenancy (AST) when the tenant has broken the terms of the tenancy. You can give between 2 weeks’ and 2 months’ notice depending on which terms the tenant has broken.

Once the period of notice has lapsed and the tenants have not vacated then you can apply to the court for an Order for Possession.

If you need help in completing a Section 8 Notice with the correct notice periods and/or assistance with the grounds for possession then please contact laura.day@maplessolicitors.com or daven.naghen@maplessolicitors.com and we will be happy to assist you with this.

With respect to a Section 21 notice, you can use this notice to evict your tenants either after a fixed term tenancy ends - if there’s a written contract, or during a tenancy with no fixed end date - known as a ‘periodic’ tenancy.

Section 21 Notices are only for use when the prescribed documents have been served on the tenant at the start of the tenancy. You cannot use a Section 21 notice if you have not given the tenants copies of:
• the property’s Energy Performance Certificate
• a current gas safety certificate for the property - You must have given the tenants a copy of the current gas safety certificate before they moved in.
• the government’s ‘How to rent’ guide
You are also required to secure the tenant’s deposit in a Tenancy Deposit Scheme. This government-backed scheme ensures that the tenants get their deposit back at the end of their tenancy, so long as they have not damaged the property, have met the terms of the tenancy agreement and have paid all their rent/bills. You must ensure that such a deposit is put in a scheme within 30 days of its receipt and provided the information of where it is secured to the tenant. Failure to secure a tenant’s deposit will invalidate a Section 21 Notice.

You are also unable to use a Section 21 Notice if it is less than 4 months since the tenancy started, or the fixed term has not ended, unless there’s a clause in the contract which allows you to do this.

If the tenants do not leave by the specified date then you can apply to the court for a Possession Order. You may wish to use the accelerated possession procedure if you are not claiming rent arrears as generally this route is quicker than applying for a standard possession order and there is usually no hearing involved.

If you want to claim rent arrears then you may either use the standard possession route or use the accelerated possession procedure but then make a separate claim for recovery of the outstanding rent.

The decision as to whether or not to use the section 8 or section 21 route is complex and we would recommend a landlord seeks early advice as to which mechanism to use.

If you require more advice and assistance on Section 21 Notices or which possession proceedings route would suit you then please contact laura.day@maplessolicitors.com or daven.naghen@maplessolicitors.com and we will be happy to help.

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Testimonials

Jamie Dobbs SCILEx

"I should like to take this opportunity to express my very sincere and grateful thanks for Jamie's unfailing helpfulness and efficiency in all aspects of the handling of my late stepmother's estate. Jamie have always replied to my (many!) queries promptly and comprehensively which has been a enormous help throughout what I know can be a fraught and stressful process. Sadly, it is increasingly rare these days to experience the highs standards of service that Jamie has provided."

Gemma Mayer LLB

"I would highly recommend Maples Solicitors, especially Gemma Mayer, for any conveyancing work. The level of support and professionalism was excellent at all times. I also felt if I needed to ask or clarify anything that it was not an issue. Buying and selling a house is stressful enough, but Gemma helped me through it step by step."

Anita Toal LLB BA

"I think you are brilliant. You can use my comments above. You are efficient, friendly and quite clearly very good at what you do. Mainly you don’t leave people hanging around too long for." "So easy to talk to her and she understood what I wanted. She put me at ease and I cant thank her enough"

James Turner BA

James Turner was extremely helpful with our buying process. Everything went smoothly. We are very happy with the level of professionalism demonstrated by the office. Highly recommended solicitors. Will definitely do business with them again.

Daven Naghen LLB

"Daven provided an excellent service, from attending the first interview with me to the final court appearance. He filled me full of confidence that he would defend me to which he did and come out with an excellent outcome in view of my position that I had put myself in."

Faye Blair LLB

Faye was excellent, sensitive and acted very well to the time constraints we faced. Great service and dealt with compassion at such sad times made the process less painful very professional.

Jamie Dobbs GCILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

Mike Pepper gave us excellent advice. He was always most helpful and accommodating giving lucid explanations every step of the way. Thank you Mike.

Donna Sandison FCILEx

Donna has been helpful and professional every step of the way during the process. Always on hand to answer any queries and totally professional and friendly at all times.