Wills & Probate


Bennett Smith provides legal advice for individuals who are making a personal Will and need assistance administering estates upon death. Despite making a personal Will being of great importance, many people in the UK fail to put this key measure in place. When a death occurs without a written Will, bereaved family members experience further emotional distress and unwanted financial complications when they attempt to manage the estate of the deceased.

With no personal Will to follow, intestacy rules are enforced which sees government legislation determine the order of distribution of the estate. In many cases this doesn’t match the deceased family member’s wishes. Current statutes regarding intestacy do not recognise cohabitees, which makes a Will critical in such scenarios to ensure that loved ones and dependant have adequate provisions in the event of a death.

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Administration of a deceased person’s estate

When an individual dies, authority must be given to the Will’s executors, or when no Will is present to their closest relatives to handle the estate’s distribution according to either the Will or the intestacy rules. This process is referred to as probate.

At Bennett Smith, our experienced solicitors can advise and assist on all aspects of the probate process, to ensure you complete all tasks necessary. We can help regardless of whether a valid Will exists or whether the estate is intestate. We specialise in providing a cost-effective and conscientious service that minimises any stress to our clients. Our team are of will and probate solicitors are specialists in Wills and administering estates and will conduct the probate process on your behalf.

Wills & probate solicitor costs

The following represents our typical range of costs with fixed fees for additional work, where appropriate, explained below.

Applying for the grant, collecting and distributing the assets

We anticipate this will take between 5 and 20 hours work at £272 per hour. Total costs estimated at £1,360 – £5,440 (+ VAT).

The exact cost will depend on the individual circumstances of the matter, the complexity and size of the estate. For example, if there is one beneficiary and no property, costs will be at the lower end of the range. If there are multiple beneficiaries, a property and multiple bank accounts, costs will be at the higher end. We use the same charging structure whether the executors are individuals or directors of the firm. These are guidelines only and we are more than happy to provide a personalised estimate based on the specific instructions and facts if you ring us on 01248 679000.

We will handle the full process for you. This quote is for estates where:

  • Provide an experienced specialist from within our team to be your main point of contact.
  • Speak openly with you to give the most suitable advice.
  • Identify the existence of a Will
  • Identify the legal executors or beneficiaries and administrators and advise them on their duties and responsibilities.
  • Determine whether the estate in question is subject to Inheritance Tax.
  • Find out whether any reliefs on Inheritance Tax should be applied for.
  • Give you advice on the form of Probate application you need and the process involved.
  • Complete and submit the probate application and subsequent HMRC forms.
  • Arrange any of the estate’s Inheritance Tax payments.
  • Obtain probate.
  • Collect and distribute all of the estate’s assets.
Person signing documents

Disbursements included in this fee:

Probate application fee of £300.00.
Bankruptcy-only Land Charges Department searches (£2 Per beneficiary)
Fee for posting in both The London Gazette and local newspapers – £360.00. This protects against unexpected claims from unknown creditors.

Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process. Not all these disbursements may be payable.

Potential additional costs

If there is no Will or the estate consists of any share holdings (stocks and bonds) there is likely to be additional costs that could range significantly depending on the estate and how it is to be dealt with. We can give you a more accurate quote once we have more information. If any additional copies of the grant are required, they will cost £1.50 (1 per asset usually). Dealing with the sale or transfer of any property in the estate is not included. Please see our online calculator.

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How long does the process take to complete?

Estates included in this range are usually completed within a period of six to 12 months on average, subject to the ongoing delays at the Probate Registry. This breaks down as follows: obtaining a grant of probate (between four to six weeks), gathering assets (between one to six months) and finally distribution of assets (between two to six months). Rest assured our dedicated team of Wills & probate solicitors in North Wales will do everything possible to fast track the process and deliver a swift and successful outcome.

Further services offered include:

  • Selling or transferring property.
  • Deeds of Variation
  • Legal advice for issues impacting elderly clients.
  • Lasting Powers of Attorney (LPAs) and General Powers of attorney (including LPAs for health and welfare, financial affairs, and property).
  • Financial affairs management and making sufficient provisions for family members.

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Testimonials

"I just wanted to express my sincere thanks and gratitude to you for all the advice, patience, support and calming influence that you gave me during what proved to be an extremely long and trying legal battle!! You really were my saviour at times and thankfully a good result for us in the end. Please also convey my thanks to all relevant members of your team for their hard work, diligence and professional yet friendly manner at all times. I will be forever grateful."
"Thanks again for all your help and assistance, you have made it a very straightforward process, your attention to detail has been excellent, we would not hesitate to recommend you or indeed use your services again if and when the need should arise."
"Thank you for your help. Despite being a rather slow process, it has all been completely stress free; not the typical story for the general house buying experience. You and your company will be highly recommended, as you were initially recommended to me. Thank you again."