Simon Underwood
Partner – Head of Department
Supportive, practical guidance during a difficult time.
Losing a loved one is never easy. Alongside the emotional impact, you may also find yourself responsible for managing their estate, a role that can feel overwhelming, especially if you are unsure of the legal steps involved. Our team is here to guide you through the process with clarity, sensitivity and efficiency.
We have extensive experience in all areas of probate, estate administration and trust management, and can assist you with:
Whether the estate is straightforward or more complex, we will explain each stage in plain language, keep you updated throughout and ensure all legal duties are carried out properly.
We understand how difficult this time can be, and we aim to make the legal process as smooth as possible. Our role is to relieve you of the administrative burden, ensure the estate is managed correctly and give you confidence that everything is being handled with care.
If you need help with probate or estate management, please contact our private client team for clear, supportive advice.
Below are examples of our charges and an indication of how long certain types of matters may take in typical circumstances.
Our charges: £2,500–£3,000 + VAT and other payments
(If instructed only to obtain the Grant of Probate: £1,200–£1,500 + VAT and disbursements)
When Catherine (aged 85) passed away, her husband Michael asked us to obtain probate and administer her estate. The estate was completed just over three months after instruction.
Why the cost was relatively low:
Other payments: £400.00
(Probate application fee £300 + £16 per copy; electronic ID checks up to £36)
Our charges: £6,000 + VAT and other payments
Adrian, a widower, died leaving his estate to his three children. Administration was nearly complete within six months, and distribution took place once HMRC provided clearance.
Key elements included:
Other payments:: £700
(Probate fee £300 + £16 per copy; Trustee Act notice £300; ID checks up to £36). There may also be Inheritance Tax due.
Our charges: £20,000 + VAT and other payments
Joseph, a farmer and businessman, left a multi-million-pound estate including farmland, a holiday-let business and significant investments. Most of the estate was administered within a year (excluding property sales and HMRC negotiations).
Key elements included:
Other payments: £700
(Probate fee £300 + £16 per copy Trustee Act notice £300; ID checks up to £36). There may also be Inheritance Tax due.
Other payments are third-party costs payable in any probate matter, such as Probate Registry fees, HMRC payments, statutory notices and ID verification. These costs apply regardless of which firm you instruct.
We manage these payments on your behalf to ensure the process runs smoothly.
Our Probate team has over 40 years of collective experience delivering high-quality work in all aspects of Wills and Estate Administration. We have particular expertise in high-value estates and Inheritance Tax planning.
Your matter may be handled by one or more of the following:
Full details are available on our Our People page.
Most people understand the importance of making a Will, yet many delay doing so or assume it can wait. A carefully drafted Will is the only way to ensure your assets pass to the people you intend, and it also provides valuable opportunities for tax planning.
An improperly drafted Will, or one prepared without specialist advice, can lead to unnecessary tax liabilities and difficulties for your family after your death. That’s why it is important to obtain clear and informed guidance from the outset.
Inheritance Tax is often described as a “voluntary tax” because, with the right planning, it can frequently be reduced or avoided. We can advise on:
Lifetime gifts can be an effective tax-saving tool, but strict rules apply, and the consequences of getting it wrong can be significant. We will help you understand what is possible and how to structure your affairs safely and effectively.
Trusts can be a powerful way to reduce Inheritance Tax liability, protect assets and safeguard family wealth. However, the tax rules surrounding trusts are complex and have changed significantly in recent years.
We can advise you on:
Trusts should never be created without professional advice, and we are here to guide you through the options with clarity and confidence.
Our team can assist with all aspects of:
If you would like to review your Will or explore Inheritance Tax planning, please contact our private client team for clear and tailored advice.
Most people recognise the importance of making a Will, yet many put it off, often because it feels daunting or because they assume there is plenty of time. In reality, a well-prepared Will is the only way to ensure your assets are passed on exactly as you intend and to minimise complications for your family.
An inadequately drafted or improvised Will can cause significant problems after death, including unnecessary tax liabilities, delays and disputes. Obtaining specialist advice from the outset is essential.
A Will is not only a document that sets out your wishes. It is also a valuable opportunity to plan for your estate’s future tax position. Inheritance Tax is sometimes described as a “voluntary tax” because, with proper planning, it can often be reduced or avoided.
We can advise on:
Lifetime gifts can help reduce tax, but strict rules apply. We will guide you through the considerations to ensure your plans are workable and compliant.
Trusts can be a powerful tool for:
However, the tax rules surrounding trusts are detailed and have evolved significantly in recent years. Trusts should never be created without professional guidance.
We can advise you on whether a trust is appropriate, draft the necessary documents and explain the responsibilities involved in managing or administering a trust.
Our specialist team can assist with:
We aim to provide clear, practical guidance tailored to your circumstances, giving you confidence that your affairs are in order.
To discuss making or updating a Will, or to explore whether a trust may be suitable for your family, please contact our private client team.
A Power of Attorney is a legal document that allows someone you trust to make decisions on your behalf if you ever become unable to do so yourself. While we all hope to remain fully capable throughout our lives, illness, accidents or simply the natural effects of ageing can affect our ability to manage our affairs.
Putting a Power of Attorney in place now means that, should you ever need support, the right person, chosen by you, will be able to step in and help.
A Lasting Power of Attorney (LPA) allows you to appoint someone to:
An LPA can also be extremely useful if you plan to spend extended periods outside the UK, ensuring someone can manage matters in your absence.
A Power of Attorney is especially important if you have been diagnosed with a progressive condition such as Dementia, Parkinson’s Disease, Multiple Sclerosis or Huntington’s Disease, where decision-making ability may deteriorate over time.
If you lose mental capacity without having appointed an attorney, your family may need to apply to the Court of Protection for someone to be appointed to act for you. This can be:
Creating an LPA in advance avoids these risks and ensures your wishes are respected.
We provide clear, comprehensive advice on:
Creating an LPA is one of the most effective ways to protect your future and give peace of mind to you and your family.
To discuss setting up a Power of Attorney, please contact our private client team for practical and supportive advice.
The period following a death is always emotional, but matters can become even more difficult when there is a dispute about a Will, the administration of an estate or the actions of executors or trustees. Our specialist team can guide you through these complex situations with clarity, sensitivity and firm legal expertise.
There are several circumstances in which a Will can be challenged. These include:
Claims under the Inheritance (Provision for Family and Dependants) Act 1975
Certain family members and dependants may be entitled to claim reasonable financial provision from the estate, even if the Will does not appear to provide for them.
Lack of testamentary capacity
A Will may be invalid if the person making it (the testator) did not have the mental capacity required under the long-established Banks v Goodfellow test. This requires the testator to:
Improper execution
A Will must be:
If these formalities are not followed, the Will may be invalid.
Lack of knowledge or approval
Even if the testator had capacity, they must have understood and approved the contents of the Will. This can be an issue where the testator:
Fraud or forgery
Allegations of fraud or forgery are rare but very serious. They can be difficult and costly to prove.
Undue influence
A Will may be set aside if the testator was pressured, coerced or manipulated into making it, or into including particular terms. This is also challenging to prove but can arise in cases of vulnerability or dependency.
Working closely with our Wills and Probate team, we can advise on disputes involving:
Our aim is always to resolve matters as efficiently and amicably as possible, while protecting your legal rights and interests.
To discuss a Will, probate or trust dispute, please contact our team for clear and confidential advice.
Butcher Andrews
1 Old Post Office Street
Fakenham
Norfolk, NR21 9BL
Tel: (01328) 863131
Email: [email protected]
Butcher Andrews
15 Market Place
Holt
Norfolk, NR25 6BE
Tel: (01263) 712023
Email: [email protected]
Fakenham:
Tel: (01328) 863131
Email: [email protected]
Holt:
Tel: (01263) 712023
Email: [email protected]
