Wills
A will secures your estate and allows it to be passed on in a manner that adheres to English law. Your estate includes everything you own including property, savings and personal possessions.
If you do not have a will valid at law, your estate will be distributed in accordance with the laws of intestacy which may not align with your wishes.
To avoid unnecessary disputes and delays the team at Shah Law Chambers are more than happy to draft your will and to advise you on how it will be legally valid.
Islamic Wills
For clients who wish to prepare a will which complies with Islamic legal code and ethics, our solicitor is experienced in these matters and routinely drafts wills which adhere to these religious considerations. At all times we will advise you on how these wishes must be properly enacted to be valid in English courts.
Our service includes
- Drafting a straightforward Sharia-compliant will recognised by UK courts
Pricing
Our minimum charge for a straight forward will (Islamic or otherwise) is £500 + VAT.
If the Will is complex, we will charge according to ‘hourly rate’ which is charged at our solicitor’s rate of £300 + VAT for each hour of work in line with HMCTS guidance for solicitors’ with more than 8 years’ experience.
Probate (Uncontested Estates)
Our service includes
- Applying for the grant of probate
- Collecting and distributing the assets
Pricing
All costs given on our website are only indicative of a typical case. We will assess each case based on its own complexities, merits and foreseeable costs.
Fee Structures:
We usually charge a ‘fixed fee’ for uncontested probate work. If the below criteria is met our usual charge will be between £2,000 – £5,000 + VAT
- There is a valid will
- There is no more than one property
- There are no more than 1 bank or building society accounts
- There are no other intangible assets
- There are 2-4 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 do not need to submit a full account to HMRC
- There are no claims made against the estate
The price can vary, for example, if there is one beneficiary and no property so 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.
Work Covered:
Under a fixed fee agreement there are limitations of what is included in our scope of work which we list below for your information.
Included
- Reviewing information provided by you in relation to all the assets and all the debts or liabilities of the deceased. We will rely on the information provided by you and treat it as full and complete
- Assess the value of the deceased’s estate by writing to banks, building societies and other asset/liability holders we are aware of to ascertain the correct market value of any accounts, holdings and assets as at the date of the death
- Make enquiries of and ascertain the proper beneficiaries of the estate
- Arrange completion of the appropriate HM Revenue & Customs Inheritance Tax form(s) on your behalf
- Prepare an executor’s Oath
- Provide you with draft Inheritance Tax forms and executors Oath for review.
- Once approved we will arrange for you to swear the Oath
- Submit the Will Oath and Inheritance Tax Form(s) to Probate Registry for a Grant of Probate/Grant of Letters of Administration
- Deal with any enquiries raised by HMRC in relation to the Inheritance Tax return
- Once the Grant has been obtained deal with the collection of all the assets and discharge all liabilities of the deceased
- Ascertain the balance of the estate and distribute it or hold it in trust under the terms of the Will or the rules of intestacy
- Prepare Estate Accounts setting out full details of the administration?
- Time spent will include meetings with you; considering, preparing and working on papers; routine letters, e-mails and telephone calls made and received. Other letters, e-mails and telephone calls will be charged for on a time basis.
Not included
- The sale of a property
- If further assets are discovered after the submission of the appropriate HM Revenue & Customs forms, this information must be reported to HM Revenue & Customs, Inheritance Tax, BX9 1HT. This is your responsibility. If this occurs after the completion of the administration of the estate, we can assist you and a separate client care letter will be sent to you
- Negotiations with HM Revenue & Customs as to the valuation of any assets
- The Deceased’s Income Tax and Capital Gains Tax affairs prior to death
- The estate’s Income Tax and Capital Gains Tax affairs
- Claims made against the estate
- Legal disputes between beneficiaries, for example on the division of assets
- Disclaimers and Deeds of Variation
- A Partner of the firm acting as an Executor or Trustee or Court appointed Administrator
- Anything else not specifically identified under Work Included above.
Potential Additional Costs
- If there is no will or the estate consists of any share holdings (stocks and bonds) there is likely to be additional costs that could range significantly depending on 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 copies of the grant are required.
- Dealing with the sale or transfer of any property in the estate is not included.
- S27 Trustee Act Notice in the London Gazette £78 plus VAT of £15.6.
- Please note that there may be inheritance tax to pay and this can only be established once we know the value of the estate.
Disbursements
| Likely Disbursements | Approximate total fees (VAT to be paid at a rate of 20%) |
£95.00 + VAT of £19.00 Post in The London Gazette – Protects against unexpected claims from unknown creditors. | £155 (VAT not applicable) |
| Swearing of oath | £5 – £7 per executor (VAT not applicable) |
| Bankrupcy-only Land Charges Department searches | £1 per beneficiary (VAT not applicable) |
| Post in the London Gazette to protect against claims from unkown creditors | £95 + VAT £19? |
Timescales
Identifying estate property, establishing a summary of the deceased’s assets as at the date of death including a valuation of the deceased’s assets and liabilities for estate and tax purposes and preparing the appropriate HMRC inheritance tax account: 3-6 months from instruction.
Establishing the basis for testamentary or other dispositions, preparing the relevant Oath for the personal representatives and submitting the application for the Grant to the Probate Registry of the High Court: 3-6 months
Collection of estate assets, payment of estate liabilities and testamentary legacies and distribution of residuary estate: 6-9 Months.
Complicating Factors
While we do our best to avoid your matter becoming unduly complicated, at times this is unavoidable.
The following factors can result in a more complicated case than first anticipated and it is important that you are aware of them:
- Foreign property
- Domicile issues
- Interests in Trusts or other estates
- Claiming a Transferable Nil-rate band
- Claiming the Residence Nil-rate band
- Claiming the Transferable Residence Nil-Rate band
- Intangible assets such as digital assets or intellectual property
- Investigations into missing family members
- Determining appropriate parties in intestacy
- The complexity and range of assets and debts
- The Form or Tax Return to be submitted for Inheritance Tax
- The amount of assistance the beneficiaries require of us
- The number of beneficiaries we need to communicate with
- Unforeseen complications
- The speed at which third parties respond to our request for information
- Issues raised by Inland Revenue which may cause extra work to be undertaken and so lead to increased charges