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Probate and Contentious Probate

Losing a loved one is difficult, and dealing with their estate can often be overwhelming. At HM & Co. Solicitors, we are committed to making the probate process as smooth and efficient as possible, ensuring that estates are wound up in a timely manner.

Our expert team can help you obtain the Grant of Probate, administer the estate, and guide executors and administrators through their legal responsibilities.

We also specialise in contentious probate, helping families and beneficiaries resolve disputes over wills, estates, and trusts. Disputes can be emotionally and financially damaging, but our experienced solicitors will work with you to resolve matters quickly, whether through negotiation, mediation, or litigation if necessary.

What is Probate?

Probate is the legal process of administering a deceased person’s estate, ensuring that their assets are distributed according to their will (or intestacy laws if no will exists).

The process includes:
✔ Obtaining the Grant of Probate (if a will exists) or Letters of Administration (if there is no will).
✔ Valuing the estate and settling any debts.
✔ Calculating and paying any Inheritance Tax (IHT).
✔ Distributing assets to beneficiaries.

If disputes arise, contentious probate refers to legal disputes over a will’s validity, the administration of an estate, or inheritance claims.

How We Can Help

We offer a fixed fee or a time-spent option for probate services, allowing flexibility in costs. Our team will advise on:

✔ Obtaining Grant of Probate quickly and efficiently.
✔ Administering estates, including managing assets, debts, and distributions.
✔ Handling complex estates, including those with business assets or foreign elements.
✔ Resolving disputes over wills, trusts, and estates.

We always strive to avoid litigation where possible by using mediation and alternative dispute resolution (ADR), but if necessary, we will support you through court proceedings.

Probate Costs: Fixed Fee vs. Time-Spent Option

1. Fixed Fee Probate Services

If preferred, we offer a fixed fee for estate administration.

  • We will review the estate’s details and provide a quote upfront, taking into account assets, liabilities, and potential complexities.
  • This option provides cost certainty for clients.

2. Time-Spent Option: What Affects the Cost?

For estates with complex assets or disputes, costs vary based on:
✔ Size of the estate – Larger estates take longer to administer.
✔ Types of assets – Property, business interests, and overseas assets can add complexity.
✔ Inheritance Tax (IHT) liabilities – If tax planning or calculations are required.
✔ Lifetime gifts – If the deceased made gifts that impact IHT calculations.
✔ Number of beneficiaries – More beneficiaries increase administration work.
✔ Disputed estates – If there is a legal challenge over the will or estate distribution.

Estimated Fees:
£5,000 – £15,000 plus VAT (£6,000 – £18,000 including VAT).
Costs may be lower for simple estates or higher for complex estates.

What’s Included in Probate Administration?

A standard estate administration typically involves:

✔ Advising executors and beneficiaries throughout the process.
✔ Gathering asset and liability details (bank accounts, property, investments).
✔ Placing legal death notices in The London Gazette and local newspapers.
✔ Communicating with banks, creditors, and financial institutions.
✔ Calculating and paying Inheritance Tax (IHT).
✔ Liaising with HM Revenue & Customs (HMRC) regarding tax liabilities.
✔ Preparing legal documents and applying for Grant of Probate.
✔ Collecting assets, paying outstanding debts, and distributing to beneficiaries.
✔ Preparing a final estate account for executors’ approval.

If capital gains tax (CGT) or additional tax planning is required, we work with accountants to ensure compliance.

Potential Additional Costs

🔹 No Will / Intestacy Cases – Additional work is required if no will exists.
🔹 Estates with Shareholdings – Stocks, bonds, and complex investments require more time.
🔹 Overseas Assets – Estates with property or accounts abroad need specialist advice.
🔹 Property Sales / Transfers – Selling or transferring property is a separate legal service.
🔹 Disputes Over the Will – If beneficiaries contest the will, legal proceedings may be necessary.

We will provide a clear cost estimate if any of these situations apply.

How Long Does Probate Take?

Probate timeframes vary depending on estate complexity.

Average estate administration: 12 months
Simple cases: Less than 12 months
Complex cases: Can take longer than 12 months

Delays may occur if:

  • There are disputes among beneficiaries.
  • The estate includes business or overseas assets.
  • HMRC investigates the estate’s tax position.
  • The will’s validity is challenged.

What is Contentious Probate?

Disputes can arise over wills, inheritance, or estate administration. Common contentious probate issues include:

✔ Challenging a will’s validity – Claims of undue influence, fraud, or lack of capacity.
✔ Inheritance Act claims – Family members making claims under the Inheritance (Provision for Family and Dependants) Act 1975.
✔ Executor disputes – Concerns over executor conduct or delays.
✔ Trust disputes – Issues regarding the administration of trusts in an estate.

We aim to resolve disputes amicably using negotiation and mediation, but if necessary, we will represent you in probate litigation.

Why Choose HM & Co. Solicitors?

✔ Specialist Probate Team – Experienced in both estate administration and contentious probate.
✔ Transparent Costs – Fixed fees available for straightforward cases.
✔ Efficient Process – We handle probate quickly and effectively.
✔ Dispute Resolution Experts – We prioritise mediation to avoid costly litigation.

Contact HM & Co. Solicitors for Probate Services

If you need assistance with probate or contentious probate, our expert team is here to help.

Visit us: 186 Lower Road, Surrey Quays, London SE16 2UN
Call us: 0207 112 8180
Email us: info@hmsolicitorsltd.com

Let HM & Co. Solicitors take the stress out of estate administration and inheritance disputes. Contact us today for expert legal support.

Your Questions, Answered

FAQs

Probate and Contentious Probate FAQs

1. What is probate?

Probate is the legal process of administering a deceased person’s estate, ensuring that their assets are distributed according to their will (or intestacy laws if no will exists). This process includes:

✔ Obtaining Grant of Probate (if there is a will) or Letters of Administration (if no will exists).
✔ Valuing the estate and settling outstanding debts.
✔ Paying any Inheritance Tax (IHT).
✔ Distributing assets to beneficiaries.

2. Do I need probate if there is a will?

Yes, in most cases, probate is required even if there is a will. However, probate may not be necessary if:

  • The estate is small and held in joint names (e.g., joint bank accounts, joint tenancy property).
  • The estate’s assets do not include property, shares, or significant investments.

We can advise on whether probate is needed based on your specific circumstances.

3. How long does probate take?

Average estate administration: 12 months

Simple cases: 6-9 months

Complex cases (e.g., tax issues, disputes, overseas assets): Over 12 months

Factors that may cause delays include:

  • Disputes over the will’s validity.
  • HM Revenue & Customs (HMRC) tax investigations.
  • Locating missing beneficiaries.

4. What is contentious probate?

Contentious probate refers to disputes over a will, estate, or inheritance claims. Common reasons for probate disputes include:

✔ Challenging a will’s validity (fraud, undue influence, or lack of mental capacity).
✔ Inheritance claims by family members who feel unfairly excluded.
✔ Executor disputes (concerns over delays or misconduct).
✔ Trust disputes regarding how an estate is managed.

We prioritise mediation and alternative dispute resolution (ADR) to settle disputes quickly and cost-effectively.

5. How much does probate cost?

Fixed Fee Probate Option

A fixed fee quote is available based on estate size and complexity.

Time-Spent Option (Complex Estates)

£5,000 – £15,000 + VAT (£6,000 – £18,000 including VAT).
Costs may be higher for complex estates with foreign assets or tax issues.

We will provide a clear cost estimate at the outset.

6. What are the key steps in probate administration?

1️⃣ Obtaining Probate – Applying for Grant of Probate or Letters of Administration.
2️⃣ Valuing the Estate – Identifying assets, debts, and liabilities.
3️⃣ Paying Inheritance Tax – If applicable, liaising with HMRC.
4️⃣ Collecting Assets – Gathering funds, property, and investments.
5️⃣ Settling Debts – Paying outstanding loans, taxes, and expenses.
6️⃣ Distributing the Estate – Transferring assets to beneficiaries.
7️⃣ Final Accounts – Preparing a summary of the estate’s administration.

7. What happens if someone dies without a will?

If someone dies without a will, the estate is distributed under the intestacy rules, which may mean:

✔ Spouses/civil partners inherit only part of the estate (if there are children).
✔ Unmarried partners receive nothing.
✔ Children inherit based on strict legal hierarchy.
✔ The estate may go to distant relatives instead of close friends or charities.

Applying for Letters of Administration will be required, and we can assist with the process.

8. Can someone challenge a will?

Yes, a will can be contested on the following grounds:

✔ The person lacked mental capacity when making the will.
✔ The will was made under undue influence or coercion.
✔ The will is fraudulent or incorrectly executed.
✔ The will fails to make reasonable provision for dependents under the Inheritance (Provision for Family and Dependants) Act 1975.

If you need to challenge or defend a will, our contentious probate team can assist.

9. How can probate disputes be resolved?

Most probate disputes are resolved through:

✔ Negotiation – Resolving matters between beneficiaries and executors.
✔ Mediation – A cost-effective way to settle disputes without going to court.
✔ Litigation – If necessary, we will represent you in court for a fair resolution.

We always aim for a swift, amicable resolution to avoid unnecessary legal costs and stress.

10. Can I remove an executor from a will?

Yes, an executor can be removed or replaced if they:

❌ Delay the probate process unreasonably.
❌ Fail to act in the best interests of the estate.
❌ Mismanage estate assets.

Legal action may be required to replace an executor, and we can advise on your options.

11. What taxes might be payable on the estate?

Inheritance Tax (IHT) – Payable at 40% on estates over £325,000, or £500,000 if a home is left to children/grandchildren.
Capital Gains Tax (CGT) – May apply if assets increase in value before they are sold.
Income Tax – If the estate generates income during administration.

We provide specialist tax advice to minimise liabilities where possible.

12. Can probate be avoided?

In some cases, probate may not be required, such as when:

✔ Assets are jointly owned (e.g., joint bank accounts, joint tenancy property).
✔ The estate is small and simple (e.g., no property or shares).
✔ A trust has been set up to hold assets outside the estate.

We can advise whether probate is necessary for your circumstances.

13. What happens if a beneficiary cannot be found?

If a beneficiary is missing, we:

✔ Use tracing agents to locate them.
✔ Apply for a court order if the beneficiary cannot be found.
✔ Distribute funds to other beneficiaries if necessary.

Missing beneficiaries can delay probate, so it is crucial to address this early.

14. What if there are debts in the estate?

Executors must ensure all debts are settled before distributing the estate. This includes:

✔ Funeral expenses.
✔ Mortgage, loans, and credit card debt.
✔ Tax liabilities (IHT, CGT, income tax).
✔ Utility bills and outstanding payments.

If debts exceed assets, the estate is insolvent, and we can advise on how to proceed.

15. How do I get started with probate?

Contact us for a free initial consultation, where we will:

✔ Explain your legal responsibilities.
✔ Advise whether probate is required.
✔ Provide an estimate of costs and timescales.

Visit us: 186 Lower Road, Surrey Quays, London SE16 2UN
Call us: 0207 112 8180
Email us: info@hmsolicitorsltd.com

Let HM & Co. Solicitors take the stress out of estate administration and inheritance disputes. Get in touch today for expert legal support.

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Testimonials

What Our Clients Are Saying

I have been using HM & Co. Solicitors since Feb 2020 for my Non-Molestation order and Child Arrangements proceedings. Since using them I have had two amazing solicitors on my case, Felicia and Ayesha. This has been the first time I have ever been to court and had been quite nervous, especially due to the sensitivity of the proceedings. Felicia and Ayesha have been nothing but patient, professional and understanding. I have felt very supportive and reassured throughout the proceedings and they have made sure that I understand what is going on throughout all the hearings. If anyone is ever needing of legal help relating to Domestic Violence or Child Arrangements, I will always recommend HM & Co. Solicitor, Felicia and Ayesha. Thank you again for all your help and support!
Simone Simoes
Simone Simoes
Love to say a massive thank you to HM & Co.Solicitors for a job well done on my two cases, really excited with the way my case was handle by Miss Daisy was amazing with good communication with client, very supportive, professional. I will recommend them to anyone experiencing legal/family issues and need legal advice/support. Miss O Adesina.
O Adesina
O Adesina
HM & Co. Solicitors are so helpful from receptionists right to the solicitors. I've had a few applications made to the court, which includes a non molestation order, recovering my son's passport from his dad and also arranging visits and Felicia is such a professional, organised solicitor who knows her staff so well. She is a blessing and willing to help. She thinks outside the box, and finds solutions in the blink of an eye! Besides her expertise in this field, she will not hesitate to speak up and stand firm when necessary. I am very grateful for her and the company who are so supportive and helpful. Highly recommend!
Constanta Tincu
Constanta Tincu
HM & Co. Solicitors provided an excellent service when supporting us to purchase a flat (where we are first time buyers). Michael, our solicitor, explained the process clearly so it was not stressful, and acted efficiently to speed up the process. He also ensured we did not exchange immediately due to uncertainty over building works, which saved us a lot of money in the long-run. His judgement calls were excellent and ensured we came out with the best deal possible. I would not hesitate to work with HM &Co Solicitors again.
Sophia Dimitriadis
Sophia Dimitriadis
Shocked and surprised! I entered the HM & Co Solicitors on Lower Road in what can only be described as a highly agitated state. I had been told a variety of information from another company and had been told I needed services from a solicitor. After explaining my situation to the gentleman I now know as Mr Hakeem Ayantayo (solicitor) he advised me that I did not need his services and to offer them to me for monetary gain would be against good public practise. He offered me friendly advice and even briefly spoke on the phone to the other company who were trying to make things difficult for me. Ultimately the situation I was in was resolved due to Mr Ayantayo and his due diligence. Mr Ayantayo could have taken advantage of my ignorance and lack of lawful knowledge but instead showed me kindness and support all while not fleecing me! Which in this day and age is a rarity! My sincere thanks to Mr Ayantayo and his lovely secretary you have restored my faith in not only the local business community but people in general.
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Fareen Ali
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