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Probate

Martin Nye Probate Service Limited – Probate Services Information

About us

Martin Nye Probate Limited is authorised as a CILEX- ACCA firm to offer non-contentious probate services. The firm is operated by Stephen Rooney who is authorised as a CILEX Practitioner (ACCA Probate) to conduct the reserved element of probate under the Legal services Act 2007. Both Stephen Rooney and Martin Nye Probate Limited are independently regulated by CILEx Regulation.

Our services

Non-contentious probate work is the term to describe probate work that does not involve a will or estate that is being contested and which therefore does not involve litigation.

In such matters, Martin Nye Probate Limited will:

  • Prepare the paperwork to obtain the Grant of Representation (Grant of probate or letters of administration)
  • Submit the grant of probate to the Probate Registry.
  • Obtain the subsequent copy of the grant and additional copies where required to the those administering the estate.

The time it takes to apply for and gain a Grant of Representation varies but currently dependent on the complexity of the estate it typically takes between four and nine months from when we are instructed.

If instructed to do so, all other work related to the probate matter will be undertaken by our accountancy firm Martin Nye Ltd:

  • Valuing the estate, including the creation of a list of the deceased’s assets and liabilities. This will involve establishing ownership, and confirming the value of assets, where necessary using third-party expert valuers.
  • Calculation of Inheritance Tax if this is applicable.
  • Administering the estate. This includes obtaining the estate assets, settling any liabilities and the distribution of the resultant assets to the beneficiaries.
  • The preparation of the final estate accounts.

Whilst some aspects of this work will take place in parallel with the obtaining of the Grant of Representation, the main administration of the estate will normally take between six months and a year following the obtaining of the Grant of Representation. This will again vary dependent on the complexity of the estate.

Insurance

As a CILEX ACCA Probate Entity, we are required to hold professional indemnity insurance to cover our probate work. The level of cover is currently £1,500,000 and a copy of the current insurance certificate is available to view at our office.

Pricing

We are pleased to work to a fixed quote for the completion of the probate work. The level of fees will be dependent on the complexity of the estate, along with the number of beneficiaries and the number of assets and accounts.

In addition to our fees there will also be payments we need to make to third-parties to complete the probate process. These include by are not limited to:

  • The probate application fee paid to the Probate Registry = £273
  • Official copy of the grant of representation = £1.50
  • Placing a notice in a local newspaper = £80
  • Placing a notice in the London Gazette = £110

Beyond these disbursements there will be other disbursements that vary considerably these would include:

  • Third-party valuations of property
  • Third-party valuations of other high-value assets such as antiques and jewellery.

Before we start work on your matter, we will provide you with an estimate for the work that we propose to provide, based on the information that you are able to give to us at that time. Please try to be as accurate as possible with the information you provide as if there are significant variations from the information provided this may necessitate an increase in the estimate. We would always advise you in advance and in writing if an increase is necessary, providing you with the reason and the revised estimate.

To provide you with an indication of our pricing the following are three examples covering the range of estates we tend to deal with, but please remember every estate is different so they are only a guide:

Example 1 – A simple estate with one residential property, two bank accounts, no shares and two beneficiaries. The estate is valued at below £200,000.

Legal fees for the work of:

Martin Nye Probate Ltd

  • Drafting and submitting the application to the Probate Registry Martin Nye Ltd
  • Valuation of the estate
  • Calculation of the inheritance tax (verifying that it does not apply)
  • Administration of the estate £1,000.00

Applicable disbursements:

  • Probate Registry fee £273.00
  • Three official copies of the grant of probate £4.50
  • Notice in local paper. £80.00
  • Notice in the London Gazette. £110.00

Value added Tax (VAT) £200.00

Total for fees, disbursements, and VAT £1,667.50

Example 2 – A more complex estate with one residential property, three bank accounts, shares and four beneficiaries. The estate is valued at below £500,000.

Legal fees for the work of:

Martin Nye Probate Ltd

  • Drafting and submitting the application to the Probate Registry

Martin Nye Ltd

  • Valuation of the estate
  • Calculation of the inheritance tax
  • Administration of the estate £1,5000.00

Applicable disbursements:

  • Probate Registry fee £273.00
  • Four official copies of the grant of probate £6.00
  • Notice in local paper. £80.00
  • Notice in the London Gazette. £110.00
  • Fee for the valuation of the property £360.00
  • Fee for the sale of the property £2.500.00

Value added Tax (VAT) £300.00

Total for fees, disbursements, and VAT £5,129.00

Please note property valuation fees and conveyancing fees, are fees that will be paid to third-party providers so can vary significantly, but a quotation will always be obtained before the services of such third-party providers are engaged.

Please also remember this figure does not include the inheritance tax that had to be paid from the estate.

Example 3 – A complex estate with two residential properties, a business, four bank accounts, shares and six beneficiaries. The estate is valued at below £1,500,000.

Legal fees for the work of:

Martin Nye Probate Ltd

  • Drafting and submitting the application to the Probate Registry

Martin Nye Ltd

  • Valuation of the estate
  • Calculation of the inheritance tax
  • Administration of the estate £2,000.00

Applicable disbursements:

  • Probate Registry fee £273.00
  • Four official copies of the grant of probate £6.00
  • Notice in local paper. £80.00
  • Notice in the London Gazette. £110.00
  • Fee for the valuation of the property £720.00
  • Fee for the sale of the property £5,000.00

Value added Tax (VAT) £400.00

Total for fees, disbursements, and VAT £8,589.00

Please note property valuation fees and conveyancing fees, are fees that will be paid to third-party providers so can vary significantly, but a quotation will always be obtained before the services of such third-party providers are engaged.

Please also remember this figure does not include the inheritance tax that had to be paid from the estate. In this example that amounted to £180,000.00

Complaints

As a regulate firm we are required to have a Complaint Handling Procedure and ours is set out below:

Here at Martin Nye Probate Limited we aim to provide the best possible service to all our clients, so if you have any concerns, please contact the individual managing your matter as

soon as these arise so that they can be addressed promptly. If this does not address the issue to your satisfaction, you can raise a formal complaint, by contacting Stephen Rooney:

  • Telephone on: 01296 715000
  • Letter: Martin Nye Probate Ltd, 186 High Street, Winslow, Buckinghamshire. MK18 3DQ
  • Email:

To help us understand your complaint and to ensure we do not miss any relevant information please provide your full name and contact details, and information about what you think has gone wrong and when this occurred.

All complaints will be acknowledged by email within four working days, so that you have confirmation that your complaint is being investigated.

We will then investigate your complaint, which will involve reviewing the file and speaking to relevant members of staff. We may need further information from you and will contact you if this is necessary. If appropriate we may invite you to a meeting to discuss the complaint. You would not be required to attend if you do not wish to, and we would be happy to discuss the matter with you on the telephone if you prefer.

At the end of our investigation, we will provide you with a written response detailing our findings and outlining what action we propose to take. We aim to do this within 28 days of receiving your complaint but will advise you in advance if this period needs to be extended.

Upon receipt of our letter detailing the outcome of our investigation and our proposed action, we would ask that within 14 days you contact us to either inform us:

  • That you are satisfied with the action that has been taken and that we can therefore close the complaint, or
  • That you are dissatisfied with what is proposed.

Where you are dissatisfied with the outcome of our investigation, we will carry out a further review of the complaint and consider any new information, if there is any. We will aim to do this within 14 days and then provide you with a final written response to your complaint detailing the findings and proposed action.

If your complaint relates to the service we have provided and you are still not satisfied with the outcome in our final written response to you or we have not provided a final written response to your complaint within 8 weeks of receiving it, then you may be able to have the complaint independently looked at by the Legal Ombudsman. The Legal Ombudsman investigates complaints relating to poor service, but before accepting a complaint for investigation the Legal Ombudsman will check that you have tried to resolve your complaint with us first. If you have, and you are not satisfied with the outcome, then you can take your complaint to the Legal Ombudsman:

  • Within six months of receiving a final response to your complaint and
  • No more than one year from the date of the act / omission that gave rise to the complaint; or
  • No more than one year from when you should reasonably have known there was cause for complaint.

The legal Ombudsman can be contacted by:

  • Telephone: 0300 555 0333
  • Email on
  • Website: www.legalombudsman.org.uk
  • Post: Legal Ombudsman, PO Box 6167, Slough, SL1 0EH

As the firm is authorised by the CILEx Regulation, if your complaint relates to the misconduct of a CILEX member or CILEX Practitioner (ACCA Probate), you can refer your complaint free of

charge to CILEx Regulation for them to investigate. Misconduct is defined as any breach of the CILEX Code of Conduct: 2.-Code-of-Conduct-2019.pdf (cilexregulation.org.uk) Misconduct complaints must be made within 12 months of the act or omission that gave rise to the complaint or within 12 months of the complainant having knowledge of the act or omission that gave rise to the complaint, whichever is the greater. CILEx Regulation can be contacted by:

Alternative Dispute Resolution (ADR) bodies such as ProMediate of Brow Farm, Top Road, Frodsham WA6 6SP, www.prometiate.co.uk exist which are competent to deal with complaints about legal services should both you and our firm wish to use such a scheme. Currently we do not agree to using an ADR scheme as we believe our own inhouse investigation supported where necessary by that provided by the Legal Ombudsman and CILEx Regulation is sufficient.

Martin Nye Probate Limited is authorised and regulated as a CILEX ACCA Probate Entity. Authorisation Number 3001267.


For any further information or if you require a quotation for our probate services, please contact us at or 01296 715000 and we will be pleased to assist you further.

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