The firm currently provides the following service for individuals covered by the SRA Transparency Rules on costs information – the collection and distribution of assets belonging to a person following their death, where these are within the UK and the matters are not contested.
When someone dies there are a number of things that have to be done very quickly including registering the death and planning the funeral. Once the immediate matters have been dealt with it is time to address the financial affairs of the deceased.
Probate is a legal term used to describe the legal process in dealing with the estate of someone who has died. When you die your executors, who you have appointed in your Will, have to carry out the instructions you gave them in your Will. If you die without a Will then your administrators will have to do the same thing.
Your executors (or administrators) may wish to seek the assistance and guidance of a professional to guide them through what can be a very difficult task. There can be long, complex forms to complete and the process can easily take over 12 months and so it is often less stressful to get a lawyer to do this for you. Sometimes an individual will appoint a professional to act alone or with a family member to administer their estate.
We, as solicitors, will be able to assist you in both circumstances and our costs will be calculated on the same basis whether we are acting for a professional or for an individual.
It is not easy to give a firm estimate for this type of work at the outset because every estate is different and it is not just the value of an estate that can make it more complicated. However, we can give you some idea of the costs involved and we will be able to update any estimate as we get a clearer idea of what is going to be involved.
We will also tell you who will work on the matter and what their charges would be.
We charge only on an hourly rate and not on a percentage value of the estate.
At JG Poole & Co LLP the people who will work on your file will be:
Simon Richardson – Solicitor. Simon is a experienced private client solicitor who advises on all aspects of non-contentious Private Client work including Wills, Trusts, Estate Planning and Probate.
Simon qualified as a solicitor in 1983.
Our team’s hourly rates are:
| Simon Richardson | Solicitor | £300 per hour |
These rates are subject to VAT and are reviewed periodically and reflect the level of experience and seniority of the members of the team.
As a general rule, if the estate is “simple” our costs will be in the region of £3,000 – £8,000 plus VAT.
A “simple” estate means:
Many estates are straight forward and in these cases often we are only instructed to obtain the Grant of Probate so that the beneficiaries can then administer the estate themselves. Our fees would reflect that fact.
Any estimate of fees does not include the following:
A “complex” estate would be one that would have business or agricultural assets, diverse investments, foreign assets and numerous beneficiaries or where there would be inheritance tax payable. However, the payment of inheritance tax does not necessarily make it a complex estate. It would also be a complex estate where there are disputes between the beneficiaries. These issues could all lead to the matter taking much longer to deal with which generally will increase the charges.
Where there is no Will, a professionally drawn up family tree may be required to ascertain who is entitled to benefit from the deceased’s estate.
Wills and intestacies can be varied and this too would make a relatively simple estate more complex.
With more complex estates once the issues become clearer we are able to give a better estimate of the time it will take to deal with and the costs involved.
Where we say VAT is applicable, it will apply at the rate then in force. Currently the rate is 20%.
As well as the costs for administering an estate there are expenses which are called “disbursements”. These are set fees payable to third parties and include:
| Probate application fee | £273.00 |
| Additional copies of the Grant | £1.50 per copy |
| Bankruptcy Search | £2.00 plus VAT for each beneficiary |
| Trustee Act Notices | varies between £200 – £300 plus VAT |
| Land Registry Searches | £3.00 plus VAT |
Where we say VAT is applicable, it will apply at the rate then in force. Currently the rate is 20%.
In more complex estates there will be other matters to deal with such as valuing farmland or businesses, dealing with foreign lawyers, corresponding with HMRC and dealing with stockbrokers and accountants.
How much is involved will obviously affect how long the administration will take.
A simple estate will take between 6 to 12 months and usually a Grant of Probate will be available in 6 months. However, a complex estate could take several years. If there is Agricultural Property Relief and Business Property Relief involved then HMRC can take many months to deliberate and will raise very detailed questions which have to be dealt with.
Generally we would raise an invoice based on our estimate, set out in a Letter of Engagement which we will have agreed with the executors at the outset of the instructions, once we have a Grant of Probate and we can access the deceased’s assets. After that we will bill regularly and when appropriate.
Please note that the firm does not currently provide the services (set out below) covered by the SRA Transparency Rules on costs information.
The services in relation to individuals are:
The services in relation to businesses are:
We want to give you the best possible service. However, if at any point you become unhappy or concerned about the service we have provided then you should inform us immediately, so that we can do our best to resolve the problem.
In the first instance it may be helpful to contact the person who is working on your case to discuss your concerns and we will do our best to resolve any issues at this stage. If you would like to make a formal complaint, then you can read our full complaints procedure here. Making a complaint will not affect how we handle your case.
The Solicitors Regulation Authority can help you if you are concerned about our behaviour. This could be for things like dishonesty, taking or losing your money or treating you unfairly because of your age, a disability or other characteristic.
You can raise your concerns with the Solicitors Regulation Authority.
You can find out more about the Solicitors Regulation Authority including their contact details and professional conduct rules on their website at https://www.sra.org.uk and can see how to report misconduct at: https://www.sra.org.uk/consumers/problems/report-solicitor/.
The Legal Ombudsman may be able to help you if we are unable to resolve your complaint ourselves. They will look at complaints independently and accessing the Ombudsman will not affect how we handle your case.
Most ‘consumer’ clients (as oppose to large businesses) will be able to make use of the Ombudsman scheme however there are restrictions for some larger clients. Before accepting a complaint for investigation, the Legal Ombudsman will normally check that you have tried to resolve your complaint with us first. You must take your complaint to the Legal Ombudsman within six months of receiving a final response to your complaint from us.
From 1 April 2023, the Legal Ombudsman also expects complaints to be made to them within 1 year of the date of the act or omission about which you are concerned (prior to 1 April 2023: 6 years) or within 1 year of you realising there was a concern (prior to 1 April 2023: 3 years). The requirement to refer your concerns to the Legal Ombudsman within six months of our final response to you remains the same.
Visit: www.legalombudsman.org.uk
Call: 0300 555 0333 between 9am to 5pm.
Email: enquiries@legalombudsman.org.uk
Legal Ombudsman PO Box 6806, Wolverhampton, WV1 9WJ
The firm maintains professional indemnity insurance that at least meets the minimum terms required by the SRA. Further details can be made available on request.
