Services tailored to you...
With over five decades’ experience serving a diverse range of clients in the South West, we possess an unbeatable depth of knowledge across a wide range of industry sectors.
Our specialist partners and teams can provide expert advice on everything from farming and agriculture, to military tax allowances. We’re here to help you make the most of your planning opportunities so that you can grow with confidence.
Probate & Estate Administration
Probate & Estate Administration
The death of a family member is always a difficult time, so when it comes to administering the estate, we know that you need a service that is not only efficient, but transparent and uncomplicated.
Simpkins Edwards are fully licensed for all aspects of non-contentious probate work, including the application for probate itself. Our specialist team can support you through the entire process with confidence and clarity, regardless of whether you or the deceased have had a pre-existing relationship with us. In addition, we can also act as executor and provide tax planning advice.
For more information on how our probate team can help you, get in touch using the form below.
Team Members
Our probate team is made up of the following authorised individuals:
Chris Bowker, Partner, Exeter
As a tax partner based in our Exeter office, Chris deals with all areas of UK tax planning for individuals, trusts and estates and is authorised to carry out non-contentious probate work. He provides specialist tax advice to clients and fellow professionals and has significant experience in advising on tax in relation to land and property transactions and on inheritance tax planning.
A member of the Chartered Institute of Taxation and of the Society of Trust and Estate Practitioners, Chris joined Simpkins Edwards in 1988 and has been a partner since 1998.
Paul Williamson, Partner, Exeter
Paul joined Simpkins Edwards in 2022, having previously worked at Top 25 firms based in Kent and North Devon. He qualified as a Chartered Tax Adviser in 2009 and as a member of the Society of Trust & Estate Practitioners in 2012. Paul provides Tax Advisory and Compliance Services to Private Clients, Trusts and Estate.
Paul is also an authorised individual to carry out non contentious probate services.
Anthea Barnes, Probate Senior, Exeter
Anthea is a member of the Association of Accounting Technicians and Association of Taxation Technicians and part of Simpkins Edwards tax department and probate team. Before joining Simpkins Edwards in 2014, as well as preparing accounts and tax returns, Anthea was a will writer and has many years of experience assisting Executors with the completion of Probate forms and also acted as Executor on several occasions.
Emma Johnson, Tax and Probate Senior, Exeter
Emma is a member of the Association of Taxation Technicians and qualified as a Chartered Tax Adviser in 2022. She joined Simpkins Edwards in 2018 and has experience assisting Executors with the completion of Probate forms.
The authorised individuals are ably assisted by other members of the private client tax team.
What we can help with
Our probate service includes the following main elements:
• Establishing details of the assets and liabilities of the deceased
• Preparing tax returns to date of death and any final business accounts
• Liaising with financial institutions and instructing valuers
• Providing valuations for businesses and for shares in private limited companies
• Considering the available inheritance tax reliefs for the estate
• Preparing the inheritance tax forms
• Calculating any inheritance tax due and advising how to pay this
• Preparing the forms required for the application of the Grant of Probate
• Collecting in the assets and paying the liabilities and administration expenses
• Agreeing the inheritance tax position with HMRC
• Reporting to HMRC any income tax or capital gain tax due for the estate’s administration period
• Preparation of estate accounts
• Assisting with making the distributions required under the will and any statutory notices required
• Assisting with, setting up and running of any trusts established by the deceased’s will
Our fees
Our probate fee estimates are based on anticipated time input and hourly charging rates of the staff or partner involved, which will vary depending on the size and complexity on the estate.
Some illustrative examples of fee ranges in typical cases are set out later on this page.
Please get in touch for a free, no-obligation, initial meeting or call so we can take the time to establish how we can best assist, and then provide an estimate of our costs.
Once instructed we will keep you appraised as the case progresses. If we identify anything that is likely to significantly alter the fee we will bring this to your attention as soon as possible.
Timescale
We are often asked how long it might take to deal with the various stages of probate. The time taken to undertake probate work ranges significantly reflecting the size, value and complexity of the estate and the specific services required. The time taken is sometimes influenced by response times of other parties which are outside of our control. However, in a typical straight forward case our experience of timescales are:
At a minimum it takes 2 to 3 months to be in a position to apply for probate
It may then be a further 4 months before the grant of probate is issued
It can then take 3 to 6 months to collect in and sell assets
It can take a further 3 to 6 months to settle liabilities (including income tax for the administration period), prepare estate accounts and make distributions
We look to keep you informed on progress of the work on a regular basis and will always be available to respond promptly to any questions when they arise.
Illustrative examples
Obtaining a grant of probate only (simple case with IHT 205).
Someone whose parent has recently died. That parent was a widow/widower, so was the last surviving parent.
There is a valid, non-contested will.
One or more children are named as executor(s) in the will.
Assets are easily identified UK assets (a property, bank accounts and financial investments), details of assets and valuations are obtained by the executors and there are no complicating factors. Net assets worth say £250,000.
We need to complete an IHT 205 and apply for probate on behalf of the executors.
The executors then deal with all aspects of administering the estate.
Our fees would normally range from £2,000 to £2,750 (including VAT but excluding any required disbursements).
Obtaining a grant of probate only (simple case – IHT payable)
Someone whose parent has recently died. That parent was a widow/widower, so was the last surviving parent.
There is a valid, non-contested will.
One or more children are named as executor(s) in the will.
Assets are easily identified UK assets (one or more properties, bank accounts and financial investments), details of assets and valuations are obtained by the executors and there are no complicating factors. Net assets worth say £1.5m
We prepare the form IHT 400 and apply for probate on behalf of the executors.
The executors then deal with all aspects of administering the estate.
Our fees would normally range from £3,500 to £5,000 (including VAT but excluding any required disbursements).
Acting on behalf of executors (more straight forward cases)
Someone whose parent has recently died. That parent was a widow/widower, so was the last surviving parent.
There is a valid, non-contested will.
One or more children are named as executor(s) in the will.
We identify the assets and contact all relevant parties (potentially including liaising with valuers).
Examples of typical assets involved are one or more properties, bank accounts and financial investments. No complicating factors.
We need to complete an IHT Account and apply for probate on behalf of the executors.
We collect in assets, prepare estate accounts, deal with administration period taxes and arrange distributions
Our fees would normally range from:
Where simple IHT reporting is undertaken (assets worth say £250,000), £8,000 to £13,000 (including VAT but excluding any required disbursements).
Where an IHT 400 (assets worth say £1.5m) and payment of IHT is involved, £12,500 to £17,000 (including VAT but excluding any required disbursements).
Complicating factors
Estates with complicating factors usually involve some or more of the following elements:
Overseas shareholdings or properties
Dealing with high value assets including farms and agricultural property and the reliefs thereon.
Dealing with complicated business assets, valuations and business property relief
Trusts created under the will
Claims for loss relief sales of shares or property
Tax advice on deeds of variations to wills or on appointments from discretionary trusts
A high level of assistance and support
Where additional factors like these are present then they can increase the cost. Depending on the number of issues present and the level of complication the cost might only increase by a little or it may increase quite significantly.
Disbursements
Probate Application Fees are £273. There is an additional charge of £1.50 for each extra copy of the Grant of Probate
Certainty Will Search – £126
Estate Search Asset & Liability Search - an effective and efficient combined asset & liability search to support essential due diligence for Executors. The cost of this service is £165 plus VAT.
Copy title are £3 each and a copy of the plan is a further £3
Copies of the grant of probate for a deceased spouse are £1.50 each
Liability Search for charges on unregistered land – £1 per search
Notification in The London Gazette and a local newspaper of the individual’s death to protect against claims from unknown creditors – £250 to £400
Licensed by the ICAEW
Licensed by the Institute of Chartered Accountants in England and Wales to carry out the reserved legal activity of non-contentious probate in England and Wales.
Details of our probate accreditation can be viewed at icaew.com/probate under reference number C002500802.
The results of our diversity survey can be viewed here.
Professional Indemnity Insurance
We have professional indemnity insurance which is fully compliant with the requirements of the ICAEW’s regulations.
ICAEW’s Compensation Scheme
In the unlikely event that we cannot meet our liabilities to you, you may be able to seek a grant from ICAEW’s Compensation Scheme. Generally, applications for a grant must be made to ICAEW within 12 months of the time you become aware, or reasonably ought to have been aware of the loss. Further information about the scheme, and the circumstances in which grants may be made, is available on ICAEW’s website: www.icaew.com/probate.
Complaints
If you would like to talk to us about how we can improve our service to you, or if you are unhappy with the service you are receiving, please let us know by contacting the head of legal practice Chris Bowker. We will consider carefully any complaint that you may make about our probate services as soon as we receive it and will look to resolve the issue. We will acknowledge your complaint within five business days of its receipt and endeavour to deal with it within 8 weeks. Any complaint should be submitted to us in writing.
If we do not deal with it within this timescale or you are unhappy with our response you may of course take the matter up with our professional body, ICAEW, and the Legal Ombudsman. Complaints to the Legal Ombudsman should be made within six years of the act or omission or within three years of you becoming aware of the issue, and in either case within six months of our written response to your complaint to us. The contact details for the Legal Ombudsman are:
Letter: Legal Ombudsman, PO Box 6806, Wolverhampton, WV1 9WJ,
Email: [email protected]
Telephone: 0300 555 0333
Broadclose Management Company
Becoming a director at Broadclose Management Company was a slightly unexpected end to 2019 for John Vanstone.
