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Probate solicitor - any recommendations?

My Mum thankfully is still alive and kicking at 87, but she expects me to look after the will etc when she passes away. I was reading in Which magazine that fees for executing a will vary widely and not for any good reason. Which quoted a range of £750 - £15,000 for a similar estate. So we decided to look into it and asked the solicitors who hold my Mum's will , TG Baines, what they will charge. they gave their answer as 2.5% of the value of the estate. They went down to 2% when i pushed them but they ignored my point, that a percentage approach is not transparent because estate values have shot up with the recent rise in property values - yet the amount of work involved stays the same.

So if anyone could recommend a solicitor for this, as close to Eltham as possible, I'd be very pleased to know of them (and any other thoughts on this)
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    I know you're based in Prague, but can't you do it yourself ?
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    Don't use a solicitor. You can do it yourself>

    https://www.gov.uk/wills-probate-inheritance

    The guidance here is good, it will require some document gathering, form filling, and statutory fees, but it will be a hell of a lot cheaper than a solicitor who will only do the same stuff....but slower.
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    depends if she has any shares,life polices,bonds, premium bonds,pensions,equity------we used TG Baines when my Father died as he had all sorts of stuff and it had to be shared out via a %. we also used them when Mum died as we had her house to sell and several amounts £ were bequeathed in her will.
    If a solicitor is used it stops any silly whispering amongst relatives.
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    Relating their fees to the value of the estate is an utter rip off.

    If the estate is worth 10K or 900K the disbursements and complications, or simple matters of process, will take the same amount of work with simply different numbers filled in the boxes on the forms.

    In writing my will, I paid an up front fee of a fixed amount to the will writing company to provide my beneficiaries with, what they called, a 'hand-holding service', whereby they tell my beneficiaries the step by step process they have to do.

    Now why would a will writing service charge (handsomely) for such a service via a fixed amount? The answer is as I have said above, however complicated, or simple the affairs may be, the amount of work done will be the same.

    Using a solicitor is simply not necessary as far as I can see, and the percentage approach is like the percentage approach used by estate agents, not related to the work, but simple greed.
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    Use a solicitor.

    Linda hulbert at Woolsey Morris Kennady in Sidcup.

    I used them as did Colin Cameron ' family
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    I know you're based in Prague, but can't you do it yourself ?

    Well that is one issue, the other is whether it isn't better to let a professional do it when you are grieving.
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    2%? Bloody hell. That's ridiculous. In one way I wish I could've got a bloody training contract but to be part of an industry taking that as a % upon someone's passing is wrong.

    In fact inheritance tax as a whole really, really hacks me off. You bust your gut, your whole life, you just want to provide for your dependents when you go, and right at the last minute, someone's got their grubby hands just to have one last swipe.
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    Depends on your family circumstances.

    Money (or rather the perceived lack thereof from the deceased) can cause rifts in even the most well adjusted families. If the family is fragmented with "halves" "steps" and cohabitees or any combination thereof there is even more potential for friction.

    That, in my view, is a very good reason for using a solicitor or other qualified professional. They are (or should be) completely independent and that itself should nip most disputes firmly in the bud.
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    I'd advise doing it yourself. I got ripped off with a flat fee and a percentage. I stupidly hadn't asked about the price up front and got shafted. I couldn't believe I was being charged twice, but complained to whatever body it is that represents sharks and was told that it's quite normal.
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    If there is a will it is easier than if there isn't one to do it yourself. The 'heirhunters' TV programme highlights companies who are predatory in this area of process mainly because they know the procedure, which is clearly laid out on the government website anyway. You can start by searching 'court of protection'.

    For those who pass intestate it is straightforward enough, and can be done otherwise with form filling and birth certificates. if you use a solicitor they will still expect somebody to rummage through the paperwork and provide them with all the documents anyway. they will then put the documents in order and fill in the forms.

    if there are solicitors reading this, and can explain why an estate worth 600k could cost 15k to sort out, but an estate worth 10k would cost £250 to sort out, maybe they can come on and explain why there would be such a difference.

    I know a so called 'professional' ought to step in and soften the grief, but beware that your vulnerable position is bunce for them.

    http://www.adviceguide.org.uk/wales/relationships_w/relationships_death_and_wills_e/dealing_with_the_financial_affairs_of_someone_who_has_died.htm
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    I'm in agreement with Seth on this one. Thinking back to my LPC it wasn't the most complex area (process/procedure etc) but they are professionals for a reason, and if Prague doesn't feel comfortable doing it himself then hopefully the one HI recommended is good value.

    As Len says, it only becomes complex when there is disagreement and a number of beneficiaries or no will - but sounds like it's a simple execution needed here so value for money is key

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    If you can, do it yourself. If the will is complicated then you can pay for expert advice should you need it. An agent will get slice for doing the legwork to complete the forms / apply for probate that can be done yourself with a bit of care and a few calls to the probate court and HMRC. Keep an eye on the inheritance tax threshold as this can increase by the unused allowance when passing between spouses.

    I was executor for my Dad and to be honest I found it a more positive than negative experience as I was honouring his last wishes and felt that I was really doing it for him which sort of helped in a way.
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    edited January 2015
    I've helped 4 friends in the past year or so and the guidance given on the Gov website is superb so have faith you can do it online. If when you are called into action and you find that her affairs are far more complicated than you thought then you can always hire a solicitor to give you an hour or so consultation at his/her hourly rate.

    Trust that the dear lady is in fine health which continues for many, many years to come :-)))
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    Richard, first thing you must do if Mum hasn't done so already, get her to complete a Lasting Power of Attorney (details on Gov.uk). If Mum becomes mentally incapable of managing her property and affairs it will save a hell of a lot of hassle in the long run having to get a Court of Protection order.

    If her estate is large (property etc) I would advise to go to a solicitor, otherwise for smaller amounts (less than £100k) it's fairly easy to do yourself, especially if you've been managing her monies under an LPA.
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    Mr F's Mum passed away last October aged 94, and had been in a Care Home for the past 5 years with dementia.

    Her maisonette had been rented via an agent to help pay for her monthly fees ( self funding) which were also responsible for reducing her savings to nil. A case of needs must.

    Her 2 sons were the sole beneficiaries in her will so I took over the probate process using the forms/guides etc online & the only fee was apprx £250 for checking the forms /granting probate by the Probate Service. So, now it's just a case of selling the maisonette and we're done & dusted.

    Obviously this was one of the most simplistic examples one could find but I believe it saved a fair amount of money.

    PA - It's worth looking at the guide etc online at www.gov.uk/wills-probate .
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    edited January 2015
    Thank you all, some helpful advice there. I will take a good long look at the govt. website, but also ask for a quote from the solicitor mentioned, thanks Henry for that. BDL, thanks we just got onto the lasting power of attorney issue, too, but jeez they charge enough to arrange that too.

    My Mum has been very open with the three siblings about the will, so i know what is in it, and also know what finances she has, because basically I have helped her manage them. And I think the only issue between us would be what exactly to do with the house, but I guess a solicitor would say that is a matter for us to resolve anyway. So maybe the DIY approach isn't so daunting.

    Anyway thank you all, it's been very helpful and I welcome any further thoughts. Cheers.
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    I'm just starting to go through this process. My mum passed away Wednesday of last week.
    Mum had a will and our solicitor is a friend of ours and he will execute the will on my behalf.
    I could of course do a fair bit myself but given that my employer has given me 3 days compassionate leave and I have my own family to deal with etc, etc. it makes a degree of sense (to me at least) to leave it with him to sort out.
    Yes it may cost me around 2% but it will get done and dusted.

    As I know from the last few days there is a lot to do (especially when you're an only child) so it's a good idea to think about what there is to do in the aftermath of a death and to accept that no-one can do everything without running themselves into the ground either physically or mentally.

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    Sorry to hear about your Mum, iainambler.
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    When my mum died I did the probate. As long as it's a simple will there's no reason why you shouldn't do it yourself. There's plenty of books or internet stuff out there to guide you.
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    @iainambler‌

    Thanks for taking the time to reply at this difficult time for you.
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    Solicitors take the proverbial, well some do, with respects to CoP and LPA's. There's plenty of good guidance on the Gov.uk website. I work closely with the Office of the Public Guardian and they have worked extremely hard to make the LPA process as simple as possible.

    If you have elderly parents it's the best thing you can persuade them to do as it saves so much hassle if they lose capacity and you have to go through the court of protection.
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    Have done a few probate's for my family, one of the issues that an eldest son has to sadly be involved with.

    In fact the last one was my father in law, 3 years ago when the Olympics was on, I mention that because the probate office in Holborn were not seeing the public?..... Not closed just not seeing the public. The local probate office in Woolwich had been closed, so unless we wanted to go to Peterborough I think it was not going to be that quick. In the end it was quite a smooth and simple process and the probate service were quite helpful, BUT we are not an immensely wealthy family, and with no divorces, and estranged children and family fall out's there was no real issue that anyone would contest anything. In other words a simple split of all the estate between 2 parties.

    When people are in care and there is property involved, then it would be wise to at least get advice. Advice could mean a solicitor, or someone who can assist you through the process. You will find it easier if you have the original will, ( so find out who has it). You may get involved with inheritance tax, but probably for most people if you do, then there should not be an issue with paying for legal advice,
    Keep all the paper work for a few years, and all the receipts. Just in case your 'long lost brother' turns up from Australia, claiming has a claim to half of the estate, an has been in the outback sheep farming, so only just got to hear about it?.

    It is little more than doing your tax forms in essence, and personally if you are compliant, and truthful there should not be any issue. We had to fill in tax forms anyway, because my father in law had a pension, and savings. There were no, bars of gold, or pots of gold sovereign's, just a couple of old wedding rings and they were kept anyway, and handed down to children etc.




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    When my mother died in 2009 I decided to do probate myself, having been quoted £3,000. I didn't find it easy, mainly because I was also dealing with my grief.

    Essentially probate is just about identifying the correct forms for your circumstances, filling them in and submitting them. As others have said, the real problems come when you start distributing the estate among the beneficiaries - if that is likely to be an issue it may be worth employing the services of a solicitor or someone independent so that everyone can see that it's fair and complies with the wishes expressed in the will.

    Recently a friend suffered a bereavement and he was offered a very good deal by Barclays Bank, who did the probate forms for 2 or 3 hundred quid (can't remember which). It's well worth taking an offer like that.
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    I've stated above with reasons that in my view it is better to use an independent professional.

    However if you still prefer to do it yourself please be mindful that executors / administrators are legally personally liable for the debts of the deceased if there were originally sufficient funds in the estate to cover those debts but they have subsequently distributed them.

    The "biggy," particularly in London, is likely to be inheritance tax. As a very rough rule of thumb if the total value of the estate is under £325,000 then you should be OK BUT even modest houses in SE London are worth more than that and that is before you consider anything else that might be in the estate.

    It's important, once probate is granted, for executors to widely advertise the death and give a time limit (3 months say) for any creditors or others who think they have a claim against the estate to come out of the woodwork. A national and local newspaper should be sufficient and, if you can as a non-professional I've never tried, the London Gazette.

    Once the 3 months (or however long) have expired, assuming no claims, you can safely distribute the estate as you will be deemed in law to have done all that you reasonably can to trace creditors of the deceased.

    Sorry to hear about your mother @iainambler‌. I lost my mother too last month and in fact today would have been her birthday coincidentally.
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    Prague I think most people could comfortably handle the paperwork OK, just a matter of putting values on what needs to be declared so sure that is not an issue. I did my mother's and it was relatively painless.I think the main value of a professional might be if you want to insulate yourself from any unpleasantness if there are family issues. Also, if there is property to be sold you will be involved in everything that a property seller has to contend with.

    You would also be wise to set up a separate account so that all transactions can be explained and accounted for. Do not underestimate the possibility of suspicion being cast, if only because others may not understand the processes. Many think that the executor is the same as being a beneficiary because they are often the same entity, but you are acting in with two very different hats on. You should not be out of pocket for your expenses as executor and you want to make sure they do not look like payments to you as beneficiary.

    On the question of personal liability, you as the executor might still be liable if things go wrong, even if you appoint a professional as your agent/advisor, it would just be that you might have someone to sue. For that reason, if you are using a solicitor it would normally be through making him the executor. That fee would be much higher than just helping you work through the Probate process. A solicitor would argue that the fees for acting as executor are ad valorem, because there is a potential liability being assumed that is directly related to the value of the estate.
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    stick t the solicitors mate . its money you never had so small % and peace of mind worth the dough imo
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    cabbles said:

    I'm in agreement with Seth on this one. Thinking back to my LPC it wasn't the most complex area (process/procedure etc) but they are professionals for a reason, and if Prague doesn't feel comfortable doing it himself then hopefully the one HI recommended is good value.

    As Len says, it only becomes complex when there is disagreement and a number of beneficiaries or no will - but sounds like it's a simple execution needed here so value for money is key

    yeah times two. where did you do LPC @cabbles‌?

    Sure it is possible to do it yourself but my gut feeling would be its not worth the hassle. Yes 2% of a big number is a lot, but what about the other 98% should anything go wrong or you make a mistake because its not your area of expertise?

    If it is a vanilla transaction, then you should be able to get them to agree to a fee and no % element.

    Watts and Leeding in New Eltham are good for probate. I dont know if they are cheap.
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    Just on inheritance tax, one tip for me to pass on here which not everyone may know, and I only recently found out, is this. My father's will simply passed his estate on to my mother. In such a case you are allowed to use both his and her tax free inheritance tax allowance so the threshold becomes £650k. I only found this out a few months ago (and had it checked). Absolutely because of property values, inheritance tax was becoming a headache for us but now it isn't. We won't breach 650k unless one of her premium bonds comes up trumps. Worth knowing.
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    I've handled probate three times for relatives. So long as the will is straightforward and free from ambiguity and doubt, probate is easy and if done DIY, it's free apart from a few court fees.
    Follow @seth plum's advice and check out the Gov.uk site .. incidentally '.gov.uk' is invaluable for all kinds of information on matters legal and governmental
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    Just on inheritance tax, one tip for me to pass on here which not everyone may know, and I only recently found out, is this. My father's will simply passed his estate on to my mother. In such a case you are allowed to use both his and her tax free inheritance tax allowance so the threshold becomes £650k. I only found this out a few months ago (and had it checked). Absolutely because of property values, inheritance tax was becoming a headache for us but now it isn't. We won't breach 650k unless one of her premium bonds comes up trumps. Worth knowing.

    Write everything as possible in trust as well. Well that was what they kept hammering home to me in class back in 2005/06. All legislation prob changed now though
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