Wills – Trusts – Probate – POA

Our Trusts, Wills and Estates team is one of the largest in Lincolnshire, with a wealth of experience in all aspects of private client work.

We act for a broad range of clients from across the region and the UK. We are able to assist clients with complex affairs, including advising on business and agricultural assets, foreign assets, and charitable trusts. Members of our team regularly act as trustees, attorneys and executors.

Trusts

We advise on the creation, administration and winding up of a wide variety of private trusts.

We work closely with trustees, beneficiaries, investment managers and other advisers to ensure that trusts are managed in the most appropriate and tax-efficient manner. Members of our team act as trustees for a number of large family trusts.

Wills

We advise on, and prepare, Wills for a range of different clients, and can advise on the Will best suited to your own unique financial and family circumstances. Our Wills range from ‘straightforward’ documents to more complex Wills with inheritance tax-planning elements for clients with business, agricultural and international assets. We are experienced in providing advice on potentially sensitive family situations, including on the best way to structure a Will following divorce and remarriage.

Powers of Attorney and Mental Capacity

A Lasting Power of Attorney allows you to appoint Attorney(s) to make decisions on your behalf if you are unable to do so yourself.

We can advise on and prepare Lasting Powers of Attorneys for:

  • Property and finance matters
  • Health and personal welfare matters

We advise on the use of Lasting Powers of Attorneys, what an Attorney can and cannot do and we can help Attorneys manage financial affairs.

We can advise on and prepare applications for registration of Lasting Powers of Attorneys and also their predecessor Enduring Powers of Attorney.

Lasting Powers of Attorney should be part of your financial and personal planning but are particularly relevant for those in advancing years, for business owners or those with property and/or financial interests.

We are also able to advise on, and make, applications to the Court of Protection for the appointment of a Deputy where a loved one becomes unable to manage their own finances without having put an Lasting Power of Attorney or Enduring Power of Attorney in place. We also regularly assist Court-appointed Deputies in carrying out their role.

Estate Planning

No one likes to think about Inheritance Tax or care home fees but with a bit of thinking ahead, our Solicitors can help you plan your affairs so that you can minimise the impact of both tax and care home fees on your carefully saved funds and home. Beware of companies promising to set up a trust that will avoid taxes and care fees – these do not exist and can even cost you thousands in extra inheritance tax if you’re not careful. Our team of Solicitors can tell you what you can and can’t do, cut through the rumours and myths and create a Will or Trust for you, to support the very best outcome for you and your family.

Estate Administration

We offer a comprehensive range of services for families following the death of a loved one, including preparing the application for the grant of probate, calculating and paying inheritance tax and dealing with the assets or trusts within an estate. We also offer inheritance tax planning advice for estates and/or their related trusts, including post-death variations. We are able to advise on estates with cross-border elements and foreign assets as well as UK estates.

Our Probate Team is supervised by Miriam Barber who has 13 years experience in this area and qualified as a Solicitor in 2007. The team has Solicitors with between 13 and 26 years experience and Paralegals with between 2 and 4 years experience.

We offer two main options, these are:

Fixed Fee Probate

We can help you through this difficult process by obtaining the Grant of Probate on your behalf. Executors to deal with collecting and distributing of assets.

How much does this service cost?

Total Fees: Fixed Fee of £995 (incl. VAT).

This includes: obtaining the grant and sending to the Executors.

Breakdown of costs:

Legal fees £693.33

VAT on legal fees £138.67

Disbursements (£163 in total):

  • Probate court fee of £155 and two copies at £0.50 each.
  • £7 Swearing of the oath (per executor).

Disbursements are 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.

As part of our fixed fee we will:
  • Identify the legally appointed executors or administrators and beneficiaries
  • Accurately identify the type of Probate application you will require
  • Obtain the relevant documents required to make the application
  • Complete the Probate Application and the relevant HMRC forms
  • Draft a legal oath for you to swear
  • Make the application to the Probate Court on your behalf
  • Obtain the Probate and send two copies to you

On average, estates that fall within this range are dealt with within 4-6 weeks.

Applying for the Grant, collecting and distributing the assets

We anticipate this will take between 5 and 15 hours work at a maximum rate £201 per hour (dependent on fee earner level). Total costs for an estate are estimated at £1,000 to £3,000 (not including VAT).

The exact cost will depend on the individual circumstances of the matter. For example, if there is one beneficiary and no property, costs will be at the lower end of the range. If there are multiple beneficiaries, a property and multiple bank accounts, costs will be at the higher end.

We will handle the full process for you. This estimate is for estates where:

  • There is a valid will
  • There is no more than one property
  • There are no more than 5 different bank or building society accounts
  • There are no other intangible assets
  • There are 1-10 beneficiaries
  • There are no disputes between beneficiaries on division of assets (if disputes arise this is likely to lead to an increase in costs)
  • There is no inheritance tax payable and the executors/administrators do not need to submit a full account to HMRC
  • There are no claims made against the estate

Disbursements NOT INCLUDED in this quoted fee:

  • Probate application fee of £155 (plus 50p for each sealed copy)
  • £7 Swearing of the oath (per executor)
  • Bankruptcy-only Land Charges Department searches (£3.60 per beneficiary inclusive of VAT)
  • £200 (approx) for Statutory Notices in the local and national press – these are optional in most cases but protect against unexpected claims from unknown creditors

Disbursements are 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.

Potential additional costs

If there is no Will or the estate consists of any shareholdings (stocks and bonds) there are likely to be additional costs that could vary significantly depending on the nature of the estate and how it is to be dealt with. We can give you a more accurate quote once we have more information.

If any additional court-sealed copies of the grant are required, they will cost £0.50 (it is usually advisable to obtain at least 4).

Dealing with the sale or transfer of any property in the estate is not included in the quote above.

How long will this take?

On average, estates that fall within this range are dealt with within 6 months. Typically, obtaining the Grant of Probate or Letters of Administration takes 10 weeks. Collecting of the assets then follows, which can take a further 10 weeks. Once this has been done, we can distribute the assets, which normally takes around 6 weeks to finalise.



Fees

Wills: Our fees start from £125 for a simple will.

Probate: We offer a fixed fee probate service. Please contact our Wills & Probate Team for further information.

Quick Contact

Grimsby

  • 01472 240 251

Louth

  • 01507 600 610

Scunthorpe

  • 01724 847 888

Barton

  • 01652 632 215

Our People

Miriam Barber

Miriam Barber

Solicitor / Partner

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Caroline Watson

Caroline Watson

Solicitor

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Saira Baig

Saira Baig

Solicitor

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Joanne Kingston

Joanne Kingston

Solicitor

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Emma Harrison

Paralegal

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Aimee Verity

Aimee Verity

Trainee Legal Executive

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