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 Mr Paul Bryan, Solicitor:
Mr Paul Bryan LL.B.(Hons) qualified in 1986
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 6 – 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 Fees
| Estates up to £5000.00 | No application fee |
| Over £5000.00 | £300.00 application fee |
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 Fee | £164.00 |
* You may be able to apply for exemption or remission of this fee based upon your income.
CIVIL LITIGATION – DEBT RECOVERY – BUSINESS TO BUSINESS DEBT
For debts of up to £100,000.00 our charges are set out below, together with details of the current Court fees that are payable (these disbursements are subject to annual changes).
If you wish to recover a debt of larger than £100,000.00 please contact us to discuss details of our fees
All disbursement figures are excluding VAT which presently is set at 20%, this will be added to our charges and certain disbursements, although court fees are exempt from vat.
We do not offer a fixed fee service for debt recovery. Our charges are on a time recorded basis and our fees are £195.00 per hour plus VAT which is presently charged at 20%, making a total hourly rate £234.00
The average costs for pursuing a debt are variable and the court fee will depend upon the value of the claim. In addition limited fixed costs can be added to the debt as set out below.
In an undisputed claim and including steps to enter a default judgment you would expect to pay between £750.00 plus VAT at 20% (£900) and £1500.00 plus VAT @ 20% (£1800.00) in relation to our fees and in addition the court fee as set out below.
Court fees on issue and Solicitors fixed costs that can be claimed on issue and on the entry of judgment.
| Court Fees on Issuing a Claim | Court Fee | Fixed Costs on Issue | Fixed Costs on Judgment |
|---|---|---|---|
| Exceeds £25 but not £300 | £35.00 | £50.00 | £22 - £25 |
| Exceeds £300 but not £500 | £50.00 | £50.00 | £22 - £25 |
| Exceeds £500 but not £1000 | £70.00 | £70.00 | £22 - £25 |
| Exceeds £1000 but not £1500 | £80.00 | £80.00 | £22 - £25 |
| Exceeds £1500 but not £3000 | £115.00 | £80.00 | £22 - £25 |
| Exceeds £3000 but not £5000 | £205.00 | £80.00 | £22 - £25 |
| Exceeds £5000 but not £10,000 | £455.00 | £100.00 | £30 - £35 |
| Exceeds £10,000 but not £200,000 | 5% of value of claim | £100.00 | £30 - £35 |
| Exceeds £200,000 or unlimited | £10,000.00 | £100.00 | £30 - £35 |
*Lower figure is for entry of judgment without an acknowledgement and higher figure when acknowledgement filed but no defence is filed
If the claim is defended, our costs will continue to be charged at £195.00 per hour plus VAT (£234.00) and in addition there may be further disbursements including Counsel’s fees, we would of course obtain your agreement to the instruction and fee for Counsel before they are instructed. If a defended matter proceeds to trial there is hearing fee to be paid as follows:
| Debt | Court Fee |
|---|---|
| Up to £300 | £27 |
| £300.01 - £500 | £59 |
| £500.01 - £1000 | £85 |
| £1000.01 - £1500 | £123 |
| £1500.01 - £3000 | £181 |
| More than £3000.01 | £346 |
| Fast track claims* | £545 |
| Multi track claims* | £1175 |
Estimates of fees in defended matters
| Small claims track (claims up to £10,000) | £3000 plus VAT (£3600.00) |
| Fast Track | £7500.00 - £10,000.00 |
| Multi Track | £15,000 - £25,000 |
There may be additional disbursement such as:
Steps and timescales in debt recovery matters
| Enforcement Action | Court Fee |
|---|---|
| County Court enforcement | £91.00 |
| High Court Enforcement | £78.00 plus enforcement officer’s fees |
| Charging Order | £131.00 |
| Attachment of Earnings Order | £131.00 |
| Third party debt order | £131.00 |
| Charging order – application fee | £131.00 |
| Statutory Demand | Agents fees to serve £150.00 plus VAT @ 20% (£180.00) |
| Company Winding up Petition | £332 plus Official Receivers’s deposit of £2600.00 |
| Bankruptcy petition – individual | £332 plus Official Receiver’s deposit of £1500.00 |
An estimate of our charges for undertaking the enforcement work would range from £500 plus VAT (£600) – £2500.00 plus VAT (£3000.00)
It is difficult to provide a precise timescale for these matters to conclude as all will depend upon how the debtor reacts. If the debt is paid on the first letter then the matter could conclude within 4 weeks but thereafter the time period could be from 4 weeks – 18 months, depending on Court timescales.
We are always happy to talk through specific matters to see if we can help. Please give us a call.
Principal: Paul J. Bryan LL.B (Hons.)
Inverkip House
98 The Grove, Marton in Cleveland. TS7 8AP
This firm is authorised and regulated by the Solicitors Regulation Authority no. 461 839
