Local Solicitors for Local People

01942 20 60 60

Wills and Probate

Paul Aynsley & Mark Boon are experienced solicitors who will guide clients to a solution as quickly and as sensitively as possible.

It is never too early to make arrangements and manage your business affairs in the event of your death.  Making a Will now can save further heartache for your loved ones and stop any disputes arising between them ensuring that your affairs are managed exactly how you wished.

Our Probate lawyers provide a full Wills drafting service and are able to advise you on basic tax planning matters and Inheritance Tax and the various ways in which you can hold property to maximise your tax allowances.

We also offer an estate planning service and as our Mr Boon also specialises in commercial property, he is able to ensure that any business that you own will also continue to be led by the people you have chosen.

Contact a member of our team today for advice including:

  • Wills
  • Inheritance and Will disputes
  • Lasting Powers of Attorney
  • Court of Protection Orders
  • Probate and Estate Administration

Do not put off making a Will. It is as important for young people to make a Will as it is for older people.  Do not assume that if you do not bother making a Will, your Wife or Husband will inherit everything. She or He may not and if the estate goes to other members of the family there may be Inheritance Tax to pay which could leave your spouse with financial difficulties.
There are many reasons to make or update your Will.  Questions to consider:

  • If you have a Will did you make it years ago when family and financial services were totally different and is it still relevant to your circumstances today?
  • Were you advised to make a discretionary Will in the past? The law has now changed and a discretionary Will might not now be what you need.
  • Do either or both of you have children from a previous marriage or relationship? If you do and you wish to ensure that both families ultimately receive a fair share of your joint assets on death then you need to have a professionally drawn Will prepared to achieve this.
  • Do either of you suffer from a disability or chronic health condition that might mean at some time in the future there is a foreseeable likelihood of one of you having to go into long term care? If so, a properly drawn Will should enable you to ensure that a significant part of your assets go to your children or other family members and not be tied up funding retirement home fees indefinitely.
  • Do you have a child with special needs and do you wish to set up a trust in your Will to ensure he or she is looked after and provided for.

As well as providing Will Services and preparing Lasting Powers of Attorney, we also provide specialist legal services on registering Enduring Powers of Attorney and on full applications to the Court of Protection where a person loses mental capacity but there is no Lasting Power of Attorney in place.

More and more people are now becoming proactive in terms of planning for their old age and we are happy to be part of that planning process. We work closely as a practice with the local branch of Age UK (formerly Age Concern) and we provide advice on Inheritance Tax issues, gifts of property, protecting the home and minimising residential home or nursing home fees.

Probate: Range of Costs

Please note that all probate matters are dealt with by Mr Paul Aynsley and Mr Mark Boon.

The exact cost will depend on the individual circumstances of the matter.

This is a two stage process.

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  • Stage 1 – Obtaining of a Grant of Probate and/or Letters of Administration

    We confirm our fees are:  £495 + vat (£99) and court fees £157 and oath fees of approximately £7 totalling £758.00

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

    • The estate is relatively simple
    • There is a valid will or a straight forward intestacy claim in the absence of a will
    • There is no inheritance tax payable and the executors do not need to submit a full account to HMRC

    Disbursements included in this fee:-

    • Probate application fee of £157
    • £7 Swearing of the oath (per executor)

    As part of our fixed fee we will:

    • Provide you with a dedicated and experience probate solicitor to work on your matter
    • Identify the legally appointed executors or administrators and beneficiaries
    • Accurately identify the type of Probate application you will require
    • Obtain the relevant documents required to make the application
    • Complete the Probate Application and the relevant HMRC forms
    • Draft a legal oath for you to swear
    • Make the application to the Probate Court on your behalf including obtaining the probate
  • Stage 2 – Administration of the Estate

    There is a separate charge for the administration of the estate.  This is charged on a time spent basis.  Our charging rates are £215 per hour.  There is a charge of £21.50 for each letter or email written and for each telephone call made and received.  There is a charge of £10.75 for each letter or email received.

    We will handle the full process for you. The average cost will be around £1,000 plus VAT (£200) total £1,200.  The process involves us proceeding to encash all assets and discharge all liabilities, prepare Estate and Distribution Accounts and make a payment to beneficiaries.  This quote is for estates where:

    • There is no more than one property
    • There are no more than 2 bank or building society accounts
    • There are no other intangible assets
    • There are no more than 2 beneficiaries
    • There are no disputes between beneficiaries on division of assets. If disputes arise this is likely to lead to an increase in costs
    • There is no inheritance tax payable and the executors do not need to submit a full account to HMRC
    • There are no claims made against the estate.

    As part of our fee we will:-

    • Collect in all assets of the estate
    • Discharge all liabilities of the estate
    • Prepare Estate and Distribution Accounts
    • Distribute legacies to any beneficiaries
  • 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 (1 per copy usually).
    • We undertake a bankruptcy search before making a distribution of the estate. This is charged at £2 per beneficiary.
    • Quite often there is a necessity to apply for a Section 27 Trustee Act Notice which basically protects against unexpected claims from unknown creditors.  The charge including the fee for the advertisement in the London Gazette and the local newspaper would be around £270 including VAT.

    Please note if we are dealing with the sale or transfer of a property in the estate there is a separate charge payable.  A quotation can be obtained from our conveyancing department.

  • How long will this take?

    On average, estates that fall within this range are dealt with within 9-12 months. Typically, obtaining the grant of probate takes 6-8 weeks. Collecting assets then follows, which can take between 6-8 weeks. Once this has been done, we can prepare estate accounts for approval and distribute the assets, which normally takes 4-6 weeks.

McCarthy Bennett Holland Solicitors

26, Bridgeman Terrace, Wigan WN1 1TD

01942 206060

01942 200505

Authorised and regulated by the Solicitors Regulation Authority. SRA No. 00329730

This firm maintains professional indemnity insurance in accordance with the rules of the Solicitors Regulation Authority

Details of the insurers and the territorial coverage of the policy are available for inspection at our offices.