Wills and probate in London

What wills and probate cover

If someone has died, or you want to prepare for your own death, you may wonder where to start. Two topics sit at the centre of that question: the will and probate. A will names the executors, and the executors can apply for probate after a death.

You can write a will yourself, but GOV.UK says you should get advice if your will is not straightforward. Probate is not always needed, so the section on probate below explains when you may not need it. This page covers the main questions, while the linked guides go into more detail.

Do you need a solicitor to make a will?

You do not have to use a solicitor, because GOV.UK says you can write your will yourself. However, it also says you should get advice if your will is not straightforward. A will is not valid until you get it formally witnessed and signed, so check those steps before you rely on it.

No law restricts who can write a will. Regulated will writers follow their regulator’s codes. However, GOV.UK warns that a business may appear on a register only because it employs regulated staff, so you should check regulation yourself. For example, ask who will draft your will, then look that person up.

If you are weighing up a wills solicitor London firms offer, read our guide on whether you need a solicitor to make a will first.

Probate: when it is needed and who applies

GOV.UK says you may not need probate if the person who died only had savings. You may also not need it if they owned money or property jointly with others, because that passes automatically to the survivors. However, each financial organisation has its own rules. Therefore, ask each organisation what it requires before you decide.

If there is a will, the executors named in it can apply for probate. If there is no will, the closest living relative can apply.

You can apply for probate yourself, online or by post. GOV.UK says this can be cheaper than paying a probate practitioner such as a solicitor. It also says probate usually comes within 12 weeks of submitting the application. Even so, ask for advice if anything about the estate worries you.

Before you hire a probate solicitor London offers, read our guide on whether you need a solicitor for probate.

What wills and probate cost

Start with the official fees. The GOV.UK probate application fee is £526 if the estate is over £5,000. There is no fee if the estate is £5,000 or less. Extra copies of the probate document cost £2 each if you order them with the application and £16 each afterwards. A second application after a grant of probate costs £22.

Solicitor charges come on top of these fees. A simple single will from a solicitor typically costs about £200 to £500. A will with trusts or inheritance tax planning costs more. A pair of straightforward mirror wills typically costs a few hundred pounds, and more where trusts are involved. We give no range for mirror wills, so ask for a written quote.

For help with only the application for a grant of probate, solicitors typically charge about £750 to £1,200. For full administration of an estate, they typically charge about £1,500 to £2,500 for a simple estate. Where there is a property, the figure is about £3,000 to £4,000. Some firms charge 1 to 4 per cent of the gross estate instead, or £150 to £300 an hour. Since VAT treatment differs between firms, ask whether a quote includes VAT.

The SRA Transparency Rules cover the collection and distribution of assets after a death, where the assets are within the UK and the matter is not contested. That means the rules apply to uncontested probate. Therefore, for more on will prices, read our guide to the cost of a will.

Executors and their costs

HMRC’s trusts and estates manual says executors are not entitled to payment unless the will specifically provides for it. Payment to a professional executor is an expense of administration.

GOV.UK says using a professional executor involves additional costs that fall on the estate. It also says you may face fees you did not expect, and some professionals may charge a fee for stepping aside. Naming one is not a legal requirement. Therefore, decide whether you want a professional in the role before you name anyone. Our guide to solicitor costs for probate and executors goes into more detail.

Quality marks to look for

The Law Society Wills and Inheritance Quality Scheme (WIQS) is a quality mark for drafting wills and dealing with an estate after someone dies. The Law Society describes it as a best practice quality mark for wills and estate administration advice.

To check for a mark, look for quality mark logos on a firm’s website, printed material or offices. You can also tick the “accredited specialists only” box when you filter Find a Solicitor results. However, a logo is only a starting point, so check regulation as well.

Questions to ask a wills or probate solicitor

Ask what the price includes and leaves out, and whether VAT applies. Next, ask who will do the work and who will supervise it. For an estate, ask how the firm charges, for example a fixed fee, an hourly rate or a share of the estate. Then ask how the firm will keep you informed, and how often. Ask for the terms in writing, because they show what you agreed. Before you instruct anyone, check that the solicitor is regulated.

Finding a wills and probate solicitor in your borough

Because each borough page covers local courts and free help, start with the page for your area. See wills and probate in Bexley, wills and probate in Hillingdon and wills and probate in Kingston upon Thames. You can also read about wills and probate in Brent and wills and probate in Richmond upon Thames.