Communication of scope and costs
If you wish to consider instructing us to administer an estate, we will provide detailed information of our costs as soon as the relevant information is available, and we will continue to review costs and our progress for the duration of our instruction. We may be able to offer fixed fees for some aspects of the work and will aim to do so where possible.
Mills & Reeve Trust Corporation acting as a PR
Mills & Reeve Trust Corporation may be acting / appointed as one of the PRs of the estate. As a PR, they (together with any other personal representatives) have primary responsibility for ensuring that the administration is dealt with appropriately. The PRs may appoint Mills & Reeve LLP to assist them with this and to carry out parts of the administration on their behalf.
See below for further details of the background, options and implications of appointing Mills & Reeve Trust Corporation Limited as a PR and / or instructing Mills & Reeve LLP to carry out work involved in administering an estate.
What makes an estate simple or complex?
Estates may be simple or more complex depending on several factors and this will influence our fees. An accurate indication of costs can only be given once all the factors of a particular estate have been considered.
Factors that might make an administration simpler or more complex:
Will: A well-drafted valid Will or an intestacy situation (meaning there is no valid Will) where the relevant individuals are limited, identifiable and able to act will lead to a more straight-forward administration. A simple estate may include a small number of easily identifiable beneficiaries, but a more complex estate might include a large number of beneficiaries or beneficiaries who are difficult to locate, several specific and / or cash legacies and / or formal trust structures.
Range and location of assets: Assets in a typical simple estate will be located only in the UK and include one residential property, a range of bank accounts but no business assets. A more complex estate may include multiple assets or liabilities (including those not easily determined), international / business / landed estate assets, complex investments, more unusual assets and / or insurance policies.
Other overseas issues: If the deceased had links to jurisdictions outside the UK, this will make the estate more complex as it is likely that the involvement of specialist colleagues will be necessary to determine the application of inheritance tax to worldwide assets.
Tax: A simple estate may attract no inheritance tax because of value or exemptions but a more complex estate may involve the calculation and payment of inheritance tax, including making claims for available reliefs.
Scope of instructions: The personal representatives may only require professional assistance with certain aspects of the administration, for example the work needed to obtain the grant from the Probate Court, with the rest of the work being carried out by other parties. Commonly however, Mills & Reeve LLP will assist with every stage of the administration process. The scope of services required will affect our level of fees.
Disputes: If there is a formal claim in relation to an estate, such as that the Will is invalid, that a party hasn’t been appropriately provided for, or that the personal representatives are acting improperly, this will necessitate separate instructions with specialist colleagues – see here. However, even if no formal claim is brought, if the personal representatives are unable to give united instructions, or if any of the parties are uncooperative or obstructive, this can make the administration of an estate significantly more complex
Our current probate team
We have different grades of legal professionals working within the private client team.
Partners – they have typically been working as qualified lawyers (either as a solicitor or barrister) specialising in private client for a minimum of 14 years, with frequent involvement in estate administration work for the duration of that time.
Chartered Legal Executives - they typically have more than 10 years’ experience in the administration of estates.
Principal Associates, Senior Associates, and Associates – they handle matters that correspond to their level of seniority and number of years’ experience.
Trust & Estate Practitioners, Paralegals and Trainee Solicitors (who spend four months in the team) – they always work under the direction and supervision of an authorised team member.
A full list of the team members who specialise in the administration of estates is available below.
The administration of each estate is managed by a team of individuals working within our probate team. This would typically comprise:
A matter manager
A supervisor
A matter partner (who may also act as supervisor) (the ‘core team’)
The core team will together advise the PRs on the legal process, options and strategy. Where appropriate and from time to time, the core team may be assisted by other solicitors, paralegals, trust & estate practitioners or trainee solicitors. This might be to carry out the work efficiently and cost effectively, or where specialist knowledge (for example estate disputes, business or landed estate, international issues or charity expertise) is required.
The matter manager will be the primary point of contact. The identity of the matter manager will be carefully selected to match the complexity and scope of the individual matter. Likewise, the supervisor will be selected to compliment the grade, knowledge and skills of the matter manager and will always be a solicitor or CILEx Chartered Legal Executive (with additional Probate Practising Rights) experienced in the administration of estates.
Generally, complex matters will involve greater partner involvement and straightforward matters will require less partner involvement.
Current hourly rates for our probate team
The current hourly rates for the team members typically involved in this work are:
Role | Hourly rates inclusive of VAT | Hourly rates exclusive of VAT |
Trainee solicitor / paralegal / trust & estate practitioners / Chartered legal executives | £240 - £522 | (£200 - £435) |
Associate / senior associate / principal associate | £330 - £624 | (£275 - £520) |
Partner | £660 - £756 | (£550 - £630) |
If during a matter the rate of VAT changes, the inclusive hourly rates will be adjusted accordingly. These rates exclude partners working in our London office on complex international matters.
We review our rates each year (with any changes applying at the beginning of June) and we will notify the PRs of the changes if necessary. If we are instructed on an estimated costs basis, the increase in hourly rates may affect the total estimate of costs.