Our Charges - Probate

We currently have ten members of the team across 6 offices, providing a wealth of experience and knowledge on all aspects of Private Client and Inheritance Protection work. Regardless of who works on your matter, they will be supervised by Tim Gamester, Director and Head of the Department.

All work is completed under a blended hourly rate of £300 + 20% VAT per hour. This rate applies to all non-fixed fee work undertaken by that member of the team, or any work exceeding the scope of a fixed-fee agreement; undertaken at your instruction and with your agreement.

The lawyers in this department are supervised by Tim Gamester and Liyen Clutton, who in turn also supervise one another.

Tim Gamester – Director and Head of Department

Tim is a specialist in the field, with over 15 years experience, having qualified as Solicitor in 2007. He has experience of complex estate administration and specialises in bespoke inheritance tax advice and succession planning.

Jean Evans – Consultant Solicitor

Jean is a former Managing Partner of Biscoes, having helped establish the ‘Biscoes’ name in 1995 and led the firm through numerous mergers and expansion plans over her years at the helm.

She qualified as a Solicitor in 1985 and has wealth of experience in Private Client Law, dealing with all aspects of estate administration and elderly client care. Jean also has background in Family Law, allowing her further specialist insight on complicated separation and divorce issues affecting clients.

Jean works three days a week.

Liyen Clutton – Director and Solicitor

Liyen joined the team in 2016 having previously spent a period training with Biscoes in 2013. She has worked within the legal sector for 10 years. She qualified as a Solicitor in 2013 and is currently studying to become a qualified member of the Society of Trust and Estate Practitioners.

Liyen is able to handle all aspects of Private Client work, including intricate and complicated estate administration.

Multi-talented and exceptionally smart, Liyen also handles a number of Private Criminal matters and Courts Martials. Liyen obtained her Higher Rights of Audience (Criminal) in 2016 enabling her to appear and represent clients in the Crown Court and higher Courts.

Liyen is based full-time at our Portsmouth office.

Alice Worrall – Solicitor

Alice joined the firm as Trainee Solicitor and qualified in April 2017, having quickly found a natural passion and aptitude for Private Client Law. Alice is able to handle all aspects of Wills drafting, Estate Administration, Powers of Attorney and elderly client care.

Alice is currently based at our Portsmouth office.

Abbie Grinsell - Solicitor

Abbie is a Solicitor in our Inheritance Protection Department. She originally joined the firm in February 2021 as a Paralegal and qualified as a Solicitor in October 2023. Abbie can advise on Wills, Lasting Powers of Attorney. EPA Registrations, Lifetime Gifting and Inheritance Tax and Probate.

Abbie is based at our Portsmouth office.

Yasmin Peel - Solicitor

Yasmin is a Solicitor in our Inheritance Protection Department. She joined the firm in September 2023. Yasmin is multi-disciplined being able to advise on both Inheritance Protection and Criminal Defence matters.

Yasmin is based at our Portsmouth office.

Ella Robinson-Austin - Solicitor

Ella is a Solicitor in the Inheritance Protection department. Ella qualified in 2019 and aims to provide friendly and professional advice to all her clients.

Ella is based at our Portsmouth office.

Tom Couch - Solicitor

Tom is a Solicitor who works within the Inheritance Protection Department on the Isle of Wight. Tom qualified as a Solicitor in 2023 and can advise on Wills, Lasting Powers of Attorney, Grant of Probate, Administration of a Deceased's Estate and Estate Planning.

Tom is based at our Newport office.

Kirsty Le-Floch - Solicitor

Kirsty works in the Inheritance Protection team and is based at our Newport Isle of Wight office. She qualified as a solicitor in 1992. Kirsty can advise on Wills, Lasting Powers of Attorney, Enduring Powers of Attorney, Grant of Probate, Administration of a Deceased's Estate and Management of Affairs.

Kirsty is based at our Newport office.

Nick Gurney-Champion – Consultant Solicitor

Nick has many years general legal experience, particularly specialising in commercial property, property litigation and business affairs. Until recently, Nick was Managing Partner and Head of the property team at Gurney-Champion & Co, a general high street firm based in Portsmouth. On 1st February 2018 Nick and all his staff joined Biscoes with the aim of providing a broader range of legal services to clients and the ability to serve clients from many different locations in Hampshire and the Isle of Wight.

Nick has extensive experience of handling Wills and Probate matters for his loyal client base, including administration of high-value estates and complex Inheritance Tax and Trust arrangements.

Nick is based at our Newport office on the Isle of Wight.

Jonathan Hudson - Consultant Solicitor

After qualifying as a solicitor in 2003, Jonathan worked for a large regional firm before setting up and running his own specialist private client law firm for 12 years, which merged with Biscoes in January 2024. Jonathan is based at the firm’s Fareham office.

Jonathan can advise on Wills, Lasting Powers of Attorney, Grant of Probate and Administration of a Deceased's Estate.

Jonathan is based at our Fareham office.

Mary Hudson - Chartered Legal Executive

Mary is a fully accredited member of the Solicitors for the Elderly.  She works in the Inheritance Protection department.

Mary can advise on Wills, Lasting Powers of Attorney, Grant of Representation and Estate Administration.

Mary is based between our Portsmouth and Fareham offices.

Sarah Targett- Consultant Chartered Legal Executive

Sarah is a Consultant (Chartered Legal Executive) within the Private Client team. Sarah qualified in 2012.

Sarah can advise on Wills, Lasting Powers of Attorney, Grant of Probate, Advance Directives, Administration of a Deceased's Estate, Estate Planning and the Management of Affairs.

Sarah is based at our Fareham office.

Administering a person’s estate after death can be a hugely daunting and stressful process. If you have been appointed as Executor under a deceased’s person Will, or are acting as Administrator under an Intestacy, you have a legal responsibility to ensure that the estate assets are dealt with in the correct manner and in a timely fashion. It is essential to understand all of your legal duties and have an awareness of the extent of your lability to the beneficiaries of the estate, as well as creditors, HMRC and other concerned third-parties.

Biscoes can help guide you through the process from start to finish. Our team has a wealth of experience handling the administration of estates; we can assist with modest enquires through to complex, taxable estates.

Why choose us?

• Face to face consultations with a fully qualified legal professional
• Full legal support throughout the entire administration process
• Home visits available (N.B additional charges may apply)
• Late night opening on Thursday between 5pm and 8pm at our North End office (on request)
• We are a long established Hampshire based firm with 7 local offices
• We pride ourselves on delivering a bespoke, personal service with direct contact with your individual legal adviser throughout the matter
• We are fully regulated by the Solicitors Regulation Authority and carry full Professional Indemnity Insurance
• Reassurance and comfort that the probate process has been completed and you have been fully discharged of all your duties and liabilities

Probate: Full Administration Services

Our fees for assisting with the administration of estates are based upon the estimated time taken acting in the matter, charged at the hourly rate of £300 + 20% VAT per house.

For the purposes of applying our hourly rate, one hour is broken down into 10 ‘units’ of six minutes each. Writing a standard letter or sending a simple email would equate to one chargeable unit. All work that is undertaken on the matter is charged in this way, including, amongst other tasks; letters; emails telephone calls; attendance; research etc.

A deceased’s person estate can be as varied and diverse as the life they lived and no two estates are ever quite the same. As you can no doubt imagine therefore, it is sometimes difficult to say with absolute certainty what level of fees will be chargeable at the outset of the administration, due to the almost limitless number of variables that can affect the complexity of the estate.

Factors to Consider

We have compiled a list below of just some of the factors that may affect the complexity of an estate:-

• Whether there is a Will
• The value of the estate
• Whether or not the estate is subject to inheritance tax
• Whether or not the estate requires an Inheritance Tax Account (this can sometimes be required even in situations where no tax is payable, due to other complicating factors)
• The type and number of assets and liabilities involved in the estate
• Involvement of foreign assets
• The number of executors and their locations
• The involvement of professional executors (solicitors / accountants etc.)
• The location of beneficiaries
• The number of legacies
• The number of residuary beneficiaries
• Whether there are any charitable beneficiaries
• Whether there are any unknown assets
• Whether there are any unknown beneficiaries
• Whether or not the estate requires an income tax return [NB this may be referred to an accountant]
• Whether or not applications for the Transferable Nil Rate Band, Residence Nil Rate Band and Transferable Residence Nil Rate Band are required
• Whether or not a Deed of Variation is requested
• Whether there are any business assets
• Whether there are any agricultural assets
• The urgency of the application
• Whether the Will contains any trusts
• Complexity of Inheritance Tax calculations (requirements for grossing or double grossing of tax for example)
• Whether or not there are any contentious aspects to the estate

Biscoes will always provide you with a bespoke estimate of fees once we have discussed initial instructions with you and considered the above factors.

Example Fee Estimates

To help guide you as to the likely level of fees changeable for administering an estate, we have produced the following two sample estimates for both a modest taxable and non-taxable estate. The fees below include handling all aspects the estate administration from start to finish, including; contacting asset holders and creditors; preparing appropriate Court and HMRC paperwork and (where applicable) calculating Inheritance Tax; applying for probate; gathering the estate assets; accounting and distribution of the estate.

1. Non-Taxable Estate – Fee of £5500 + 20% VAT

The above fee estimate would include the following level of administration and complexity:-

• No requirement to complete an Inheritance Tax Account
• Estate value up to £650,000
• Not more than two executors
• One property
• Up to 10 different estate assets (bank accounts, shares, investments etc.)
• Not more than 5 Residuary Beneficiaries (not consisting of Charitable institutions or other associations)
• There are no disputes between beneficiaries or executors
• There are no claims against the estate
• None of the other items from the ‘Factor to Consider’ list above apply

2. Taxable Estate – Fee of £11500 + 20% VAT

Liability to Inheritance Tax, or the requirement to submit an Inheritance Tax Account in an estate is undoubtedly one of primary considerations in assessing the complexity of an estate. If an estate is liable to tax, your responsibilities as personal representative of the estate increase significantly and correspondingly, so does our duty to you as our client. A considerable amount more due diligence is required for taxable estates and consequently this is reflected in the increased price of our fee estimate.

The above fee estimate would include the following level of administration and complexity:-

• Preparation and submission of IHT 400 Inheritance tax Account
• Estate value up to £1,000,000
• Not more than two executors
• Not more than 2 properties
• Up to 15 different estate assets (bank accounts, shares, investments etc.)
• Not more than 10 Residuary Beneficiaries (not consisting of Charitable institutions or other associations)
• There are no disputes between beneficiaries or executors
• There are no claims against the estate
• None of the other items from the ‘Factor to Consider’ list above apply

Other Costs to Consider

Please note the above fee stated in examples 1 and 2 above do NOT include the following (if required):-

• Conveyancing fees and disbursements (a separate quote can be provided for this)
• Fees for other professionals and agents instructed on your behalf such as Accountants, Stockbrokers, Valuers and Estate Agents
• Inheritance Tax liability
• Any Income Tax and Capital Gains Tax liabilities arising throughout the course of the administration

In the process of administering the estate, you would also likely incur the following disbursements and expenses (these would all be recoverable from the estate).

Please note this is a non-exhaustive list:

• Fees for copy death certificates - £11 per copy*
• Probate Court Fee - £273 application fee, plus £1.50p per copy of the Grant of Probate*
• Assets and Will Search – approximately £150 - £500
• Statutory Notices in Newspapers – approximately £250*

* none of the above attract 20% VAT

Probate – Obtaining a Grant of Representation Only

You may feel that you simply require some assistance with obtaining the Grant of Probate / Letters of Administration for the estate, our team are more than happy to assist you on this limited retainer basis. In most cases we will able to handle this for you on a fixed fee basis.

We have created the following two fee estimate examples to help you as to likely costs:-

A. Obtaining Grant ONLY £1500 + 20% VAT and disbursements

The above price includes:

• Initial consultation with qualified legal adviser where we explain the process and next steps
• The executors/administrators providing us with date of death valuations for all assets and liabilities of the deceased [NB additional charges may apply if you require us to liaise with asset holders etc]
• Free Deed of Renunciation prepared should an executor wish to renounce
• Completing the Probate Application to Court
• Drafts sent to all executors/administrators for consideration and approval
• Final documents prepared and instructions for signing
• Documents sent by special delivery (when required)
• Completed probate papers sent to the Probate Registry
• Grant obtained and forwarded to executors/administrators

B. Obtaining Grant ONLY using IHT 400 £3,500 + 20% VAT and disbursements

Please note that for taxable estates, the complexity the IHT400 form can vary radically. The above quote applies the following basic circumstances:

• Estate value from £325,000 - £1,000,000
• Not more than two executors
• Estate Assets consist of properties, cash, investments and shares only
• No lifetime gifts or trust assets to be considered
• There are no disputes between beneficiaries or executors
• There are no claims against the estate
• None of the other items from the ‘Factor to Consider’ list above apply

The above price includes:

• Initial consultation with qualified legal adviser where we explain the process and next steps
• The executors/administrators providing us with date of death valuations for all assets and liabilities of the deceased [NB additional charges may apply if you require us to liaise with asset holders etc]
• Free Deed of Renunciation prepared should an executor wish to renounce
• Drafting of the IHT 400 and associated schedules (complex inheritance tax return)
• Calculating inheritance tax payable
• Drafting of the Legal Statement/ Court Form
• Drafts sent to all executors/administrators for consideration and approval
• Obtaining inheritance tax reference number
• Arranging for payment of inheritance tax to be made
• Final documents prepared and instructions for signing/swearing given
• Documents sent by special delivery (when required)
• Completed IHT 400 and associated schedules sent to HMRC
• Receiving receipted IHT 421 from HMRC
• Completed probate papers sent to the Probate Registry
• Grant obtained and forwarded to executors/administrators

Please note that for both of the quotes in A and B above, the following disbursements would apply:

• Fees for copy death certificates - £11 per copy
• Probate Court Fee - £273 application fee, plus £1.50p per copy of the Grant of Probate
• Inheritance Tax liability payable to HMRC (where applicable)

Consultation Only

We can also offer a fixed-fee initial consultation with one of our team, for you to openly discuss any queries you may have about the administration process:

• Fixed Fee Initial Consultation £500 + 20% VAT [NB this fee will not be charged if you proceed to instruct us for any of the above services]

The above price includes:

• Up to 60 minutes with a fully qualified lawyer
• Bespoke advice on the probate process