Probate and Estate Administration
How we differ
We see clients at their homes or place of work.
We do not charge for traveling to see clients in the Harrogate area. We make a reduced charge for our time when traveling to see clients further afield, but do not charge for mileage.
Jeremy Clough only administers estates. He is fast, efficient and proactive in how he progresses the administration process.
We keep our costs down. We do not have expensive offices or teams of staff. This enables us to pass on the savings to our clients through our comparatively low probate hourly charging rate.
Example of fees calculation
| Time estimate | 30 hours* | |
| House | £200,000 | |
| Other assets | £100,000 |
At A M Davies the costs of administering the estate outlined above is calculated as –
| £140 x 30 hours | £4200 | |
| VAT (@15%) | £630 | |
| Total costs estimate | £4830 |
Where as standard solicitors’ charges in accordance with The Law Society’s guidelines of are based on the number of hours recorded and a ‘value element’–
| £170 (typically) x 30 hours | £5100 | |
| £200,000 x ½% | £1000 | % value charge on the property |
| £100,000 x 1% | £1000 | % value charge on other assets |
| VAT (@15%) | £1065 | |
| Total costs estimate | £8165 |
(NB The percentage values charged could increase to £3000 (property at ¾% and rest at 1½%) if one of the solicitors’ partners or an employee is an executor, increasing the total fees [including VAT] to £9315)
* The number of hours would depend on the number and type of assets and liabilities, terms of the will and so on. Fewer hours are recorded for simpler estates.
(May 2009)
Jeremy Clough
Jeremy is our probate and estate administration specialist. He began his career in 1987 with Hammond Suddards (now the global firm Hammonds). For the last few years he has divided his time between A M Davies and the York office of Langleys, where he worked on a consultancy basis.
Having worked in firms with hundreds of staff and also very small practices, Jeremy is convinced that the best possible service to his clients is provided through a small firm.
For Jeremy people are as important as the legal process. He assists his clients at an emotionally difficult time by sorting out the paperwork for them, providing them with regular reports so that his clients know how matters are progressing.
Jeremy works on a ‘case led’ basis i.e. always putting the interests of the client first. He aims to give a personal service, with understanding and flexibility.
The estate administration process
Unless successfully contested, the distribution of a person’s estate is either decided by the terms of their will or by rules of intestacy law if there isn’t a will.
We ascertain all assets and liabilities at the date of the individual’s death, and then to complete the relevant tax and court forms, including that for H M Revenue & Customs, to obtain the grant of probate (if there is a will) or letters of administration (if no will).
When the grant has been issued to the personal representatives (PRs - executors/liabilities or administrators) we can apply to close accounts, sell or transfer assets and pay bills, costs and tax.
PRs must ensure that all tax (if any) is paid including Inheritance, Capital Gains and Income Tax and obtain confirmation that the Revenue’s files are closed.
PRs must consider the position of creditors and possible claimants. An income tax form should be completed in nearly all estates.
We produce estate accounts and the estate is divided between the beneficiaries. Where possible interim payments being made to the beneficiaries where possible.
