Charles Strachan appreciate how daunting the thought of your own death during your lifetime can be as well as the thought of leaving close and loved ones behind. This can be made less daunting by planning how you want your loved one’s to benefit from your possessions. You would also have the piece of mind of knowing that your loved one’s will have no doubt as to what your wishes are.

Why Make a Will?                      

Without a will, the rules of intestacy determine how your estate is divided. This may not align with your wishes and can lead to unintended consequences, such as:

• Your spouse not inheriting everything.
• Long-term partners or companions being excluded.
• Increased inheritance tax liabilities.
• Assets being distributed contrary to your preferences.

Creating a will gives you control, allowing you to:

• Specify beneficiaries and their share of your estate.
• Appoint executors to manage your affairs.
• Minimise potential tax liabilities.

By making a will, you are in control of how your estate is to be distributed upon death as opposed to your estate being divided in accordance with Intestacy Rules. The rules apply when one does not make a will. Your loved ones will have no control over the division should Intestacy Rules apply and the division may not reflect your wishes. For this reason, we encourage the making of a will.

Should you have an existing will, there are occasions when you may want to make changes to it. Whether you have purchased a new home or separated from a spouse or partner, these are milestone events that may require amendments to be considered.

The Impact of Intestacy

If someone dies without a valid Will, their estate is distributed based on the rules of intestacy. These rules are strict and follow a predetermined order, prioritizing spouses, children, and blood relatives. Unfortunately, these provisions may not align with your personal wishes.

Without a valid Will, the following may occur:

• Your spouse may not inherit everything.
• If separated but not divorced, your estranged spouse could inherit most of your estate.
• Unrelated long-term companions or partners may receive nothing.
• Charities you intended to support could be excluded.
• An absence of tax planning could lead to a higher inheritance tax burden.
• If no close relatives exist, your estate might pass to the government.

Why make a Will with us

People with complex family arrangement or estates need some professional advice to make Wills.

But even for straightforward estates, DIY or ambiguous Wills are commonly defective and can cost more to resolve. Writing a Will with us means you get to simplify probate process. Also, every family is different, so you also get the chance to refine your wishes to suit your own family’s particular dynamic and your particular wishes.

With us you can expect at every Will for us to discuss: –

• Which assets are dealt with by a Will, and which aren’t
• Reducing the complexity of probate as much as possible for your family
• Executors/Beneficiaries/Trustees/Guardians – discussions might include for example how best to balance provision for spouses/step-children whilst protecting spend thrift or vulnerable beneficiaries from themselves or where means tested benefits are involved
• Hotchpot clauses – (i.e., if you’ve made lifetime gifts to some members of the but not others – we can help cover this in your Will)
• How to avoid taxation traps (such as ‘grossing up’ which can result in more than 40% inheritance tax)
• Care home fees – how to protect assets from care home fees without breaching the rules of ‘deliberate deprivation of assets’
• How to reduce potential claims against your estate from succeeding

Our Wills & Probate team take the time to go through your personal circumstances and provide tailored advice to ensure that your needs are met. In addition to the making of, or amending a will, our team can advise upon succession planning, tax planning, power of attorney, administration of trusts and estates, as well as Probate matters.

Our dedicated team will advise you on other applicable linked matters, including severance of joint tenancies, letters of wishes, and protection of your assets. Charles Strachan specialise in power of attorney (including, property, financial affairs and health and welfare), obtaining grant of Probate as well as the administration of your estate. Our experienced team offer a professional yet sensitive approach, whatever your circumstances are and offer highly competitive rates.

Our Services Include:

• Drafting and amending Wills
• Succession planning.
• Powers of attorney (property, financial affairs, and health).
• Administration of trusts and estates.
• Obtaining Grants of Probate or Letters of Administration.
• Deputyship applications (fees are capped by the Court of Protection, e.g., £1,204 + VAT @ 20% for a straightforward deputyship – with court application fees £408 depending on the circumstances of the person who has lost capacity).
• Advising on intestacy rules and tax planning.
• Preparing Lasting Powers of Attorney and registering Enduring Powers of Attorney.
• Acting as professional executors or trustees.
• Handling estate administration
• Registering Trusts with HMCTS Trust Registration Service where necessary
• Securely storing important documents, such as Wills and property deeds.
• Allocating you a dedicated and experienced probate practitioner to work with you on your matter.

Key Stages and Timescales

The process of making a will or administering an estate generally involves the following stages:

1. Initial Consultation (1-2 weeks): We gather information about your personal and financial circumstances, discuss your wishes, and provide tailored advice.
2. Drafting the Will (0-3 weeks): Prepare a draft for your approval, incorporating any changes.
3. Finalizing the Will (0-1 week): Ensure the Will is executed in compliance with legal requirements. If additional time is needed, the finalization can be extended by up to 3 months.
4. Obtaining a Grant of Representation (1-9 months): For straightforward cases with no tax return, this typically involves:

• • 2-5 weeks to gather necessary figures.
  • 1-2 weeks to prepare and submit the application.
  • 1-28 weeks for the Probate Registry to issue the Grant. Expedited applications may be possible in cases of hardship or urgent property transactions

Estate Administration (6-12 months): Includes obtaining the Grant, collecting assets, settling liabilities, and distributing the estate for straightforward cases.

Managing an estate can be overwhelming during a time of grief. Our compassionate team supports you through every step of the process, offering tailored services to suit your needs.

Fees for Wills

• Single Will: £220 + VAT (20%)
• Couple’s Wills: £390 + VAT (20%) (total for two Wills)

The fees outlined above apply to standard Wills. In cases involving special circumstances that make the drafting more complex, additional charges may apply. Examples include:

• Notice of Severance: £90 + VAT (20%) per notice
• Letter of Wishes: £90 + VAT (20%)
• Arranging Medical Reports (if required): £90 + VAT (20%)
• Statements under the Inheritance (Provision for Family and Dependents) Act 1975 (I(PFD)A): £90 + VAT (20%)

The cost of incorporating Trusts into a Will is charged separately and depends on the complexity of the Trust:

• Typical Costs: £600–£1,500 + VAT (20%) –A standard life interest trust is usually less expensive than complex discretionary trusts or trusts designed to protect Business Property Relief for tax purposes.

Fees for Lasting Powers of Attorney (LPAs)

• £450 + VAT (20%) for a single LPA
• £650 + VAT (20%) for two LPAs
• £1,250 + VAT (20%) for four LPAs

There are two main types of LPAs:

1. Property and Financial Affairs
2. Health and Welfare

Disbursement Fees for LPAs: Immediate registration with the Office of the Public Guardian is nearly always strongly recommended and costs £82 per LPA unless: –

• your income is under £12kpa or
• you receive means tested benefits or
• council tax support/reduction.

In which case we should be able to get an exemption/reduction for you from the registration fee.

Fees for Grants of Representation

Our service ensures clarity and professionalism in handling estate matters. We provide flexible options to meet your specific requirements. Broadly speaking these come down to whether you’d like assistance with the administration of the estate and/or obtaining the Grant of Representation.

A Grant of Representation is not always needed to administer a low value estate – so this is the first thing we would check with you.

Full Estate Administration Fees

We charge on a time and value basis, including: –

• Hourly Rate: £180–£275 + VAT @ 20%, depending on the experience of the solicitor/legal executive. Typical rate: £235 + VAT @ 20%.

• Time costs: 8–25 hours. Total time costs range from £1,880–£5,875 + VAT @ 20% for straightforward cases or more for larger estates
• Value costs:
  • 0.5% + VAT @ 20%of the main residence (based on the probate value).
  • 1% + VAT @ 20% of other assets in the estate (based on the probate value).
  • If acting as Executors: 0.75% + VAT @20% of the main residence and 1.5% + VAT @20% of gross cash assets – again based on the probate value.

• Additional Fees: Based on estate complexity, including tax considerations, multiple assets, or disputes. As an example, we would charge: –

£350 plus VAT @ 20% to register Trusts with HMCTS Trust registration service

£350 plus VAT @ 20% to handle investigations raised by the DWP into means tested payment received by the deceased (which can also delay the distribution of an estate by ~6-9 months)

• Bank Fees are £36 inclusive of VAT @ 20% per transfer above £5k.

The exact cost will depend on the circumstances. For example, if there is one beneficiary and no property, costs will be at the lower end of the range.

Disbursements (Not Included in Fees):

Disbursements are fees payable to third parties. We may handle the payment of the disbursements on your behalf to ensure a smoother process. If somebody covers costs which should have been paid by the estate (e.g. the funeral cost), then they may be entitled to be reimbursed from the estate before the assets are distributed.

• Insurance cover for assets in the estate is not covered within our service since we are not insurance brokers. This would need to be arranged by yourselves and reimbursed out of the estate.
• Probate Application Fee: £300 + £1.50 per sealed copy.
• Statutory Advertisements: Approximately £260 (optional; please notify us in writing if required).
• Bankruptcy Searches: £2 per UK beneficiary; £60–£300 per foreign beneficiary
• Additional costs may apply for missing beneficiaries, genealogist reports (£300-5,000), Will searches, statutory credit reports (from £2), asset searches and tax filings/liabilities.

Fixed Fee for Grant of Probate Applications

For the Probate application itself we charge: –

• Starting from £900 + VAT @ 20% for straightforward cases.
• If there is no Will, fees begin at £1,100 + VAT @ 20% due to additional verification requirements.

We would define a ‘straightforward case’ would be where for example:

• There is a valid will
• 1 property in the UK
• 4 bank or building society accounts
• No foreign assets or anticipated claims against the estate or disputes
• 5 beneficiaries
• no inheritance/income tax return due

Additional Services

For more complex estates, additional work may include:

• Preparing Deeds of Variation (in the region of £750 plus VAT)
• Agreeing with you to instruct brokers or accountant to help deal with shares or tax issues (their fees would be a separate matter, albeit typically payable by the estate)
• Addressing claims against the estate or disputes.
• Handling foreign assets or inheritance tax issues.

Contact us to discuss your needs and receive a personalised quote. Fixed-price agreements may be available for added peace of mind.

Contact Us

To explore how we can assist you or to find out more or receive a fees quote, please get in touch with our experienced Probate Team:

• Phone: 0121 704 3311
• Email: probate@charlesstrachan.com or info@charlesstrachan.com

Take control of your future with certainty. Charles Strachan is committed to guiding you through every stage of the process.