Probate

Not every estate needs it. It’s usually required where the deceased owned property in their sole name, or held bank or investment accounts above the provider’s threshold, often somewhere between £5,000 and £50,000, as each institution sets its own limit. Probate is generally not needed where everything was owned jointly and passes automatically to the survivor, or where the estate is very small. Even where no grant is needed, an Inheritance Tax return may still be required, so it’s worth checking before assuming there’s nothing to do.

An executor is the person named in the will who is legally responsible for carrying out the deceased’s wishes. In practice that means securing and valuing the assets, applying for the grant, paying debts and Inheritance Tax, dealing with the tax position, distributing the estate and preparing estate accounts for the beneficiaries. It is a personal legal responsibility, executors can be held personally liable for mistakes, including tax that is underpaid or assets distributed to the wrong people. Most executors can appoint professionals to do the work for them while remaining the appointed executor.

Yes. We can be appointed as professional executors, either alone or alongside a family member, and we’re also often appointed as a reserve or substitute executor in case the named person can’t act. This can be helpful where the estate is complex, where family relationships are difficult, or where there’s no obvious person to take it on. In most cases, though, families prefer to keep a family member as executor and instruct us to do the work, we’re happy to talk through which route suits you best. Our probate work is carried out through Gerald Edelman Probate Services Limited, which is licensed by the ICAEW to provide probate services.

We do not charge for our probate services based on a percentage of the Estate’s value. We work on a time spent basis (hourly rate) and will look to quote an estimate before the engagement begins based on the scope and type of estate which will be based on the complexity of the estate, with factors like multiple beneficiaries, properties, or bank accounts.

There will also be disbursements, which are third-party costs like court fees, bankruptcy searches, and valuation fees.

Probate office fees can be found on https://www.gov.uk/applying-for-probate/fees

Our fees typically range from £3,000 to £10,000 + VAT, depending on the complexity of the estate and specific circumstances, including:

• Existence and location of a will.
• Number of executors and beneficiaries.
• Nature of the estate’s assets (e.g., offshore assets, property, securities).
• Taxable estate value and Inheritance Tax liability.

Most of the work in administering an estate is financial and tax work rather than legal work, valuations, Inheritance Tax, Income Tax and Capital Gains Tax during the administration period, and estate accounts. As chartered accountants and tax advisers we deal with that every day, and it means one team handles the whole picture instead of a solicitor referring the tax elements out. If we already act for the family or the family business, we know the assets and history, which usually saves time and cost. We’re regulated by the ICAEW for probate work, so you have the same protections you’d expect, including a formal complaints process at no charge. Where genuinely contentious legal issues arise, such as a disputed will, we’ll bring in a specialist solicitor.

It varies with the size and complexity of the estate. As a rough guide, gathering information and valuations takes around two to three months, the Inheritance Tax return and payment come next, and the grant itself usually follows within a few months of applying, though HMRC and the Probate Registry can both add delays outside anyone’s control. Straightforward estates are often complete within six to twelve months. More complex estates, business interests, overseas assets, property to sell or a disagreement between beneficiaries, can take longer. We’ll give you a realistic timetable at the outset and keep you updated as things move.

It’s an informal, no-obligation conversation. We’ll talk through what’s happened, who the executors and beneficiaries are, and what the estate looks like. We’ll explain what needs to happen and in what order, whether a grant is needed at all, and what the likely Inheritance Tax position is. You’ll leave with a clear idea of the next steps, the timescale and the cost. If you have them to hand, it helps to bring a copy of the will, the death certificate and a rough list of assets and liabilities, but don’t worry if you don’t, we can start without them.

Survey summary: A total of four individuals participated in the survey. Respondents include individuals from managerial, accounting, and other professional backgrounds. Among them are ICAEW Accountants, a Partner, and a Qualified professional. Participants span various age groups, including individuals aged 65 and over, 55-64, and 35-44. The survey included responses from both male and female participants, all identifying within the White (British/English/Welsh/Northern Irish/Scottish) ethnic group.

None of the respondents identified as having a disability under the Equality Act definition or as neurodivergent. Responses reflect a range of religious affiliations, including Christianity, Judaism, no religion, and a preference not to disclose. A majority of respondents were the first in their families to attend university. Educational qualifications range from A-levels or vocational qualifications to degree-level attainment and none of the respondents reported having caring responsibilities.

Our firm is regulated by the ICAEW for probate and estate administration purposes.

In rare cases where we cannot meet our obligations, you may seek a grant from the ICAEW’s Probate Compensation Scheme.

It further supports clients’ ability to claim from the ICAEW compensation fund. To be eligible, an individual must typically apply within 12 months of becoming aware of the loss. The scheme is discretionary, with grants made at the discretion of the Probate Committee, and has a maximum payout of £500,000 per estate.

If at any time you would like to discuss with us how our service to you could be improved, or if you are dissatisfied with the service you are receiving, please let us know, by contacting our ICAEW Contact Partner acshah@geraldedelman.com. There is no charge for making a complaint or for our handling of a complaint.

We will acknowledge your complaint within three business days of its receipt and endeavour to deal with it and provide a formal response, including findings and relevant actions, within three weeks of this acknowledgement.

If we do not deal with it within this timescale or you are unhappy with our response we give you, you may of course take the matter up with our professional body, the Institute of Chartered Accountants in England and Wales and/or the Legal Ombudsman. Further detail in relation to these processes can be found in our Standard Terms of Business.

Our firm maintains appropriate level of Professional Indemnity Insurance, with terms clearly stated at the outset of any engagement.