View all services for Individuals

Probate

It’s difficult to know what to do first when a member of your family or a close friend dies. To help Attwells Solicitors offer a free initial chat and fixed fee probate packages.

Probate when somebody dies, their Assets must be collected in, any Liabilities paid and the Estate then distributed amongst the Beneficiaries. This is called administering the Estate.

In addition, Attwells offer the following services and information:

Request a Call Back

This is a job for the Personal Representatives (PRs). The PRs may be set out in the deceased’s Will (if there is one) or, if there is no Will, depend on who is entitled to inherit under the Intestacy rules.

The PRs must write to all Asset holders to get valuations of the deceased’s Assets on the date they died. For bank accounts, this will be a statement. For property, they will need a probate valuation. For specific assets, like collections and shares, there are special valuation rules.

The PRs must also ascertain the extent of any debts of the deceased.

Once the value of the Estate is known, the PRs must decide which IHT Forms and Probate Forms need to be completed to obtain the Grant of Representation.

Part of dealing with the estate is considering if there is any Inheritance Tax (IHT) to pay and if there is any Capital Gains Tax or Income Tax to pay on the increase in value or income received since the date of death. Any tax due and Administration Costs incurred can then be deducted from the Estate before it is distributed amongst the Beneficiaries.

Request a Call Back

When a loved one dies you are left with an extensive range of responsibilities and legal obligations during an extremely emotional time, this can be overwhelming and add additional pressure. Attwells Solicitors are your local probate experts, we can support you with all the legal aspects you face.

Fixed Fee Probate

We offer a fixed fee probate service for £950.00 plus VAT

What if the Fixed Fee Does Not Apply

If you would like more detailed help with dealing with the estate or if the estate is not a simple estate, we may be able to agree a fixed fee for our work at a slightly higher rate. Please call for a free chat to discuss.

Where we cannot offer fixed fee, we charge for the time we spend dealing with the matter at a rate of £250.00 plus VAT but with no additional fee based on the value of the estate.

The general price range for probate would be:-

-    For a simple estate between £3,000 and £7,500
-    For a medium complex estate between £7,500 to £25,000
-    For a high complexity estate between £25,000 to £75,000

Usually a simple estate is one where there is a house, some bank accounts and no disagreement between the beneficiaries.

More complex estates may involve IHT, foreign assets, companies, farms or disputes against the estate.

Request a Call Back

Inheritance Tax Advice Pricing

Price: £500.00 plus VAT

The fee is payable upfront.

What is included in the price:

  • 2 hours of time to consider your liability for IHT for Estates in England or Wales

What is excluded from the price:

  • Advice for foreign property or domiciled persons
  • Additional time for more complex matters
  • Work required to implement any advice given
  • Legal advice outside of the service requested

Disbursements: 

None anticipated

How long will it take? 

We will make a time to speak with you to work out your concerns and we will provide you with a form to complete of relevant information needed to consider your position.

Thereafter a letter will be provided with our summary of your position and whether we believe there is anything that can be done to minimise your liability.

What should I expect? 

  1. An appointment will be made, which is convenient for you.  This can be in person or over the phone.
  2. A questionnaire will be sent via email or in the post.
  3. A letter will be sent by email or post within 7 days

How to instruct Attwells Solicitors?

Instructing us is simple. You can either click on the instruct button below to register your interest or you can call your local office. We have offices in Ipswich, Colchester and London. When instructing us please inform us of the office you would like to use.

Request a Call Back

Capital Gains Tax

Price: £250.00 plus VAT

The fee is payable upfront

What is included in the price:

  • 1 hour of time to consider your liability for CGT on residential property in England or Wales

What is excluded from the price:

  • Advice for foreign property or domiciled persons
  • Additional time for more complex matters
  • Work required to implement any advice given
  • Legal advice outside of the service requested

Disbursements: 

None anticipated

How long will it take? 

We will make a time to speak with you to work out your concerns and we will provide you with a form to complete of relevant information needed to consider your position.

Thereafter a letter will be provided with our summary of your position and whether we believe there is anything that can be done to minimise your liability.

What should I expect? 

  1. An appointment will be made, which is convenient for you.  This can be in person or over the phone.
  2. A questionnaire will be sent via email or in the post.
  3. A letter will be sent by email or post within 7 days

 How to instruct Attwells Solicitors?

Instructing us is simple. You can either click on the instruct button below to register your interest or you can call your local office. We have offices in Ipswich, Colchester and London. When instructing us please inform us of the office you would like to use.

Request a Call Back

Intestacy 

If you die, without having a made a Will or if your Will is invalid, the rules of intestacy apply.

Currently, these rules state, if you are married or in a civil partnership, your spouse or civil partner gets everything unless you have children.

If you have children and your estate is worth over £250,00 your spouse or civil partner will get all of your personal possessions, the first £250,000 and half of anything else with the other half going to your children.

If you die and you are not married, your relatives will inherit in a strict order (your estate is split between all the people in the first category you get to)

  1. Children
  2. Surviving parents
  3. Whole blood siblings (or their children)
  4. Half-blood siblings (or their children)
  5. Surviving grandparents
  6. Whole blood aunts and uncles (or their children)
  7. Half-blood aunts and uncles (or their children)
  8. Crown

What happens therefore if you are not married or in a civil partnership living with your partner?

What if you have step or adopted children? Are they included or excluded from this?

What if you are married or in a civil partnership but have children from a previous relationship you wish to protect?

What if you have family members you do not want to inherit?

The only way you can ensure you have your say is to make a Will and ensure it is valid.

Request a Call Back

Inheritance Disputes

Inheritance disputes, contentious probate or challenging a will are extremely emotive areas of law therefore it is imperative you seek expert legal advice.

Inheritance disputes can occur for numerous reasons such as fraud or a lack of metal capacity. You are likely to be feeling a bereft and emotional, although its hard to imagine how anyone would truly feel during such a time. On top of which you will be receiving letters from the solicitor dealing with the probate that you strongly disagree with, compounding the situation.

Making a claim or challenging a will

If you disagree or are concerned by the outcome of a will (probate) you do have options available to you. Depending on your relationship to the deceased you could have a claim under the Inheritance (Provision for Family and Dependants) Act 1975 which allows certain family members, such as partners, spouses (including former), or dependents to ask the courts to adjust the will if it does not make appropriate financial provisions for them.

There are important time limits when bring these claims, therefore we suggest you take promote legal advice. 

You also have the option to challenge the executors or trustees who you believe are in breach of their duties or to remove them as executors.

Disputing a will due to undue influence, fraud or mental capacity 

In addition to the above you may feel concerned your loved one was unfairly influenced or was a victim of fraud. In these situations, you will need evidence such as being able to prove a pattern of behaviour, documents or a witness who will support your claim. In the case of mental capacity, you will need to prove the deceased would have been incapable of understanding what they were agreeing to in the event of their death.

If you would like to find out if you have a claim our disputes expert, senior solicitor Edward Powell would be happy to have a free initial chat with you. During this time, he will ask you for a brief outline of your claim.

Attwells always recommend before attending your first appointment with Edward that you bring the following:

  • A timeline of events
  • Any proof or evidence such as emails, text messages or letters received concerning your claim

Having this information will save you time and money. 

Defending claims

Equally however if you are an executor, beneficiary or both of an estate you may have to defend an inheritance act claim. You will need to protect your position or inheritance and prove the will (subsequently the probate) is correct.

As an executor you will have obligations to provide information to the court regarding the deceased’s estate, this may include financial or health records. If you are not a claimant or a beneficiary then you should remain neutral. However, as a beneficiary you are not required to do so, although Attwells would always highly recommend you seek legal advice first.