Contested Probate Costs

Contested probate is a complex area of law with each case always very different, dependant upon the facts and how the will or intestacy is going to be disputed.

At the beginning of every case, we will have a no obligation initial meeting or most likely a telephone conversation so as to establish the issues and whether we can help. After that meeting we will then outline our terms and conditions and the likely costs. In doing so we will always advise on the work included, key stages, services that are excluded, timeframes and any like costs that will need to be paid in addition to our disbursements. All work is undertaken on an hourly rate basis of £300 plus vat ( charged at 20% ) by Tim Murden assisted by Richard Clarke. Their profiles can be seen by clicking here.

By way of example, a typical contested probate will involve 3-4 key stages which maybe summarized as follows:-

Stage 1

This will involve a fact find to establish the key issues and documents to determine whether you have a case. Once our enquiries are complete we will report back to you with our initial advice. This typically costs £1500-£3000 plus vat and disbursements which include medical records fees at £20-£50 no vat or court fees for the issue of a caveat at £20 ( no vat )

Work Included

The services included in our prices displayed ( unless otherwise agreed ) will be as follows :-

• Taking initial instructions
• Assessing the deceased’s assets and liabilities
• Reviewing will file and medical records and all testamentary documents
• Reviewing medical records ( if required )
• Initial written advice

Stage 2

Having established that you have a case we will then draft a formal letter of claim outlining your claim to the opponent. Upon receipt there will be a formal reply and we will deal with all aspects of any reply with your instructions. The costs for this stage would be £3000-£5000 plus vat any disbursements medical records fees at £20-£50 no vat, court fees for the issue of a caveat at £20 ( no vat ) or a barristers advice typically £3000-£5000 plus vat.

Work Included

• Drafting letter of claim
• Collating of evidence for the letter of claim from will file, medical records, witness statements, assets and liabilities ( if a claim is made under Inheritance Act
• Reviewing and advising on any reply
• Advising throughout
• Assessing the deceased’s assets and liabilities
• Reviewing will file and medical records and all testamentary documents
• Reviewing medical records ( if required )
• written advice

Stage 3

This would involve the negotiation and settlement stage without court proceedings. This case could be resolved through correspondence or through mediation. Eventually a settlement agreement would outline the terms agreed and we would deal with all aspects of this. The likely costs for this stage would typically fall into a bracket of £5000-£15000 plus vat and any likely disbursements which could include mediators fees which typically cost £1750-£2500 plus vat at 20%.

If the case doesn’t settle and court proceedings are required we would set out a bespoke fee quote.

Work Included

• Dealing with all written and verbal negotiations
• Preparation of all aspects of mediation eg. bundle, advise and representation at the mediation
• Advise in respect of all offers and counter offers
• Drafting terms of any settlement agreement

Work Included

The services included in our prices displayed ( unless otherwise agreed ) will be as follows :-

• Taking initial instructions
• Assessing the deceased’s assets and liabilities
• Completing the probate application
• Completing all inheritance tax returns required for the probate application
• Once the grant is received collecting in the estate assets and paying any liabilities
• Completion of estate accounts
• The distribution of the estate according to the terms of the will or the intestacy rules when there is no will

Services that are not included in our costs

• Advice in respect of overseas assets outside of the UK
• probate matters
• Any conveyancing matter
• Advice on matters such as a deed of variation
• Management or registration of Trusts
• Dealing with the sale or transfer of any property.

How long will this take? Likely timescales

Our service on the above example given above typically takes between 6-12 months. The key stages of which are as follows :-

• Stage 1 fact finding with initial advice – 2-5 months
• Stage 2 drafting the letter of claim and receiving a reply 2-5 months
• Stage 3 dealing with negotiation and potential mediation 4-5 months

Potential additional costs

Disbursements that may arise but we would always agree these in advance could include Barristers fees for advice typically £1500-£2000 plus vat at 20%, the costs of instructing a medical expert to advise on testamentary capacity typically £3000-£5000 plus vat. If any additional copies of grants of probate are required, they will cost £1.50 (1 per asset usually). No vat

Make A Free Claim Enquiry

Make a free, no obligation enquiry now. Call us on 0845 568 4000 or click here to make a free claim enquiry.