PROBATE & THE ADMINISTRATION OF ESTATES
We know it is never easy to deal with bereavement and we will do our best to make the process as stress free as possible.
We offer weekend and out of hours appointments and all work will be handled by Solicitors:
Mr Paul Bryan LL.B.(Hons) qualified in 1986
Ms Shirley Lambert qualified in 1998
PROBATE/ADMINISTRATION OF AN INTESTATE’S ESTATE – FEES FOR OUR WORK
The work required to be done varies in each Estate but will include attending you, taking instructions and advising in all aspects of practice and procedure. Preparing a schedule of the assets and liabilities, completing the appropriate inheritance tax return form, drafting an Oath for the application and applying for and obtaining Probate to then collating all the assets and distributing in accordance with the provisions in the Will or according to the Law of Intestacy as the case may be.
Time scale varies in each case but is generally 4 – 18 months.
The basis for charging by Solicitors was the subject of a Court of Appeal ruling in Jemma Trust Company Limited -v- Liptrott in which judgment was given on the 24th October, 2003. Our charges are calculated by reference to that ruling and the guidance given therein.
The Professional fees include a charge by reference to the value of the estate. For estates up to £1 million in value a 1.5% charge is made for fees. For estates over £1 million and up to £4 million in value the additional charge for the portion of the estate exceeding £1 million is reduced to 0.5%.
In addition, time spent dealing with the matter is chargeable. This includes meeting you, and considering and preparing, and working on papers and accounts in the estate.
At present the approved charging rate authorised by the learned Lord High Chancellor and by the local District Judges equates to £95.00 per hour, for each hour of work, for probate cases.
The Appeal Court guidance in Jemma Trust v Liptrott suggests that a charge rate of £95.00 per hour of time spent would be appropriate in probate/administration of estate cases, and that is the rate we will apply.
Letters and telephone calls which are routine will be charged in units of one tenth of an hour. Longer items of correspondence and telephone attendance will be charged for on a time basis.
We will add VAT to our charge at the rate that applies when the work is done. At present, VAT is 20%.
In addition there will be “disbursements” to pay to third parties which are as follows:
Probate fee* £155.00 plus 50p for each copy Grant
Oath fee £5.00 – £7.00 for each Executor/Administrator
* The Government will increase these in April, 2019.
WILLS
Each person’s property and family circumstances are unique and must be dealt with on an individual basis – there is no such thing as a simple Will. You and we need to work together to protect your loved ones and your assets. Work incudes meeting with you, taking instructions, advising re inheritance tax, trusts and drafting the Will and obtaining your execution to it. Advising re law practice and procedure with general care and attention throughout.
Timescale 2 – 14 days
Wills are charged at an hourly rate of £195.00 per hour plus VAT
LASTING POWERS OF ATTORNEY – PROPERTY AND FINANCES AND HEALTH AND WELFARE
In most cases we can provide a fixed fee for this work. Our fee includes the initial meeting, drawing up the LPA, obtaining all relevant signatures in the correct order and applying for registration with the Office of the Public Guardian. Thereafter providing you with the original and a certified copy. Once all signed takes 6 – 8 weeks to register.
INDIVIDUAL LASTING POWER OF ATTORNEY (Property or Health & Welfare)
Fee £350.00
VAT £ 70.00
Government Registration fee £ 82.00*
PAIR OF SIMILAR LASTING POWERS OF ATTORNEY (Property or Health & Welfare)
Fee £625.00
VAT £130.00
Government Registration fees £164.00*
* You may be able to apply for exemption or remission of this fee based upon your income.
CIVIL LITIGATION – DEBT RECOVERY
The basis for charging for this work is an hourly rate of £195.00 plus VAT.
Letters and telephone calls which are routine will be charged in units of one tenth of an hour. Longer items of correspondence and attendances will be charged for on a time basis.
Work includes obtaining your instructions, advising re law practice and procedure. Complying with pre action protocol for debt collection, contacting the debtor and attempting to recover the monies due. This can be achieved if the debtor has the money but cannot be achieved if the debtor does not have the money.
Timescale 2 – 52 weeks.
We are always happy to talk through specific matters to see if we can help. Please give us a call.
We are confident of providing a high quality service in all respects. If you are not happy please tell us-we want to know. We will do everything possible to address your concerns.
If that does not resolve matters, we operate a free complaints resolution service. Paul will investigate any complaint against Shirley-and vice versa.
If for any reason we are unable to resolve the problem between us, then we are regulated by the Solicitors Regulation Authority which also provides a complaint and redress scheme – this can be accessed via the clickable SRA logo on this website.
You can also complain to the Legal Ombudsman: enquiries@legalombudsman.org.uk
Principal: Paul J. Bryan LL.B (Hons.) Associate Solicitor: Shirley M. Lambert
Inverkip House
98 The Grove, Marton in Cleveland. TS7 8AP
This firm is authorised and regulated by the Solicitors Regulation Authority no. 461 839
