Principles Law

• Unlimited access to a database of learning materials on a wide range of legal matters which can be downloaded as a webinar along with materials.

• Full access to the Law Society’s library and support in obtaining all forms, precedents and materials.
• Access to a full range of real estate precedents and materials.

• Remote IT support.
• Dictation services/secretarial support.
• Encrypted cloud storage facilities.
• Flexible working arrangements.

We do not offer fixed fee probate or a percentage of the value of the estate but charge on our hourly rates as set out above. We can provide you with an estimate prior to commencing work which is based on the individual circumstances of your loved one's estate. There are a number of factors which can affect the complexity of an estate and the quotation you will be given, including the value and nature of the assets, whether or not there is a will, and the number of beneficiaries.

For a straightforward probate matter, we estimate this would take approximately 10 – 18 hours and our fees would be likely to be in the region of £4,2500.00 – £7,650.00 plus VAT (£5100.00-£9180.00 including VAT).

The following is a non-exhaustive list of examples which make a probate matter straightforward:

1. There is a valid Will;
2. There is no more than one property;
3. There are no legal issues with the title to the property;
4. There are a small number of bank or building society accounts;
5. There are a small number of shareholdings or one share portfolio with a single investment manager;
6. Where applicable, there are share certificates for all shareholdings;
7. There are no other intangible assets;
8. There are a small number of beneficiaries;
9. There are no disputes between beneficiaries;
10. There are no claims made against the Estate; and
11. There is no inheritance tax to pay and the executors do not need to submit a full account to HMRC.

Where the estate is subject to inheritance tax and we need to submit a full account to HMRC, this will take longer and accordingly our costs will be higher. If the probate is otherwise broadly regarded as straightforward (i.e. points 1 to 10 above still apply), our fees are likely to be in the region of £11,000.00 – £15,000.00 plus VAT (£13,200.00-£18,000.00 including VAT). Where the estate is subject to inheritance tax and there are other factors meaning it is not a straightforward estate our fees are likely to be in excess of £15,000.00 plus VAT (£18,000.00 including VAT). These examples demonstrate how our costs will vary depending on the situation. We recognise the importance of transparency concerning costs and would provide a bespoke written estimate once we were clear about the extent of the work required.

Disbursements

Disbursements will also be payable. These are costs relating to your matter that are payable to third parties, such as the Probate Registry. We handle the payment of disbursements on your behalf to ensure a smoother process. The disbursements are likely to include the following:

Probate application fee of £273 (+ court sealed copies of the Grant of Representation @ £1.50 per copy).£273 + copiesBankruptcy Search Fee (per search)£2Post in the London Gazette and local newspaper (to protect the Estate against claims from unknown creditors)Approximately £300 + 20% VATSurveyor’s fees (to provide a formal probate valuation of a property)TBC but typically in excess of £500 + 20% VAT

How long will the administration of the Estate take?

From the point of sending the probate application to the Probate Registry, the Grant of Probate can take in excess of 20 weeks to be issued. Please note that this timeframe can vary considerably due to the Probate Registry’s delays in processing applications. Once probate is granted, straightforward estates can be concluded within a matter of a few months. However, for more complex estates, we tend to find that the average timeframe is approximately 8-12 months.

Key stages in the probate process

The stages will vary depending on the circumstances although most cases will generally involve:

1. Meeting with the executors or the family to take instructions and discuss the process;
2. Obtaining details of assets and liabilities of the estate;
3. Preparing an inheritance tax return and probate application;
4. Collecting in the deceased’s assets and settling any liabilities; and
5. Distributing the estate and finalising the tax position.

Our costs set on this page are based on our work broadly compromising the above steps A – E and do not include any of the following:

• Contested estates;
• Costs for drafting Deeds of Variation of Disclaimer or other Affidavits, if they are required;
• Costs associated with drafting Powers of Attorney, where the personal representatives appoint us to obtain probate on their behalf;
• Estate Planning advice;
• Dealing with an intestacy or insolvent estate;
• Arranging insurance;
• Time spent tracing assets or beneficiaries;
• Time spent in the more day-to-day duties of the personal representative, such as closing utility or council tax accounts or arranging house clearance;
• Work in relation to pre-death tax returns and confirming the pre-death tax position;
• The sale or transfer of any property in the estate; and
• Administering and advising on any trust arising from the Will or otherwise.

No two transactions are the same and our fees will reflect the particular details of your sale and your purchase. For example, dealing with the purchase of a flat with a short lease or buying a property in a brand new development, will often involve much more work than buying a freehold terraced house. Because of this, we are not able to give you a reliable estimate of the cost of our services until we have the full details of what your personal transaction will involve, including the type of property that you are purchasing.

Typical fees are set out below. If a transaction has unexpected complications we would always inform you of that and discuss with you the potential consequences, and advise you of the additional work to be carried out, before any extra charges are made. 

Our range of fees for sale and purchases of up to £2,500,000.00 are set out below and are exclusive of VAT and disbursements. We will provide you with a bespoke fee estimate for sales and purchases with prices in excess of this figure. For residential conveyancing matters with a value of over £2,500,000.00 and/or matters dealt with by our senior consultants and/or more complex matters we will charge an hourly rate at the hourly rates as set out above.

Our price range reflects the post qualified experience of the solicitor(s) dealing with your transaction. 

 Up to £250,000.00 property value

£2,000.00 - £2,250.00 plus VAT and disbursements (£2,400.00 - £2,700.00 including VAT)

   £250,001.00 to £500,000.00 property value

 £2,500.00-£2750.00 plus VAT and disbursements (£3,000.00 - £3,300.00 including VAT)

£500,001.00 to £750,000.00 property value

£3,000.00-£3,250.00 plus VAT and disbursements (£3,600.00 - £3,900.00 including VAT)

 £750,001.00 to £1,250,000.00 property value

 £3,500.00-£3,750.00 plus VAT and disbursements (£4,200.00- £4,500.00 including VAT)

 £1,250,000.00 - £1,750,00.00 property value

 £4,000.00 - £4,250.00 plus VAT and disbursements (£4,800.00 - £5,100.00 including VAT)

 £1,750,000.00-£2,000,000.00 property value

 £4,500.00 - £4,750.00 plus VAT and disbursements (£5,400.00 - £5,700.00 including VAT)

 £2,000,001.00-£2,500,00.00 property value

 £5,000.00 - £5,250.00 plus VAT and disbursements (£6,000.00 - £6,300.00 including VAT)



Leasehold properties will attract an additional fee of £750.00 plus VAT (£900.00 including VAT)

Our fees

We would welcome a request for a personalised fee estimate. However, by way of an example of a fee estimate, if you are buying a house in England for £1,000,000 then your charges would be on the lines of the following example.

Disbursements are costs related to your matter that are payable to third parties, such as Land Registry and search fees. We handle the payment of the disbursements on your behalf to ensure a smoother process. 

  Legal fee

 £3,500.00 plus VAT (£4200.00 including VAT)

   Search fees

 Circa £350.00 including VAT

   HM Land Registry fee

 £295.00

   Electronic money transfer fee

 £45.00 plus VAT (£54.00 including VAT)

   AML (anti-money laundering) fees

 From £75.00 plus VAT (£90.00 including VAT)

There are also fees to consider such as estate agents fees, leasehold management pack fees as these are set by third parties we will not be able to provide the costs of these until such time we are instructed and have ascertained the same on your behalf. Official copies obtained from land registry usually cost £3.00 per title/document.

It would not normally be necessary to undertake other work
or incur other costs other than those described above. However, we would
be very happy to provide you with a more tailored quote for all stages of
your particular case once we know about your specific circumstances.

Please also read our assumptions in relation to the scope of the work as set out further below.

SDLT/Land Tax (on purchasing)

This depends on the purchase price of your property. You can calculate the amount you will need to pay by using the tools on HMRC's website there is a link below to access this:

Stamp Duty Land Tax: Residential property rates - GOV.UK

Please note that our fees do not cover advice on tax planning or analysis as to whether SDLT is payable other than the standard rate, should you require advice on SDLT or tax planning generally then please notify us.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as search fees. We handle the payment of the disbursements on your behalf to ensure a smoother process. The disbursements which we anticipate will apply are set out separately below. This list is not exhaustive and other disbursements may apply depending on the term of the lease. We will update you on the specific fees upon receipt and review of the lease from the seller's solicitors.

HM Land Registry fee on purchase: this is calculated according to the amount of the purchase price.

Search fees on purchase: £350.00 including VAT.

Electronic money transfer fee: £45.00 plus VAT (£54.00 including VAT).

On a leasehold purchase additional fees may be payable to the landlord/management company as set out in the lease.

How long will my house purchase/sale take?

How long it will take from your offer being accepted until you can move in to your house will depend on a number of factors. The average process takes between 6-12 weeks. 

It can be quicker or slower, depending on the parties in the chain. It is generally going to be a quicker process if you are not involved in a chain. 

Assumptions:

• This is a standard transaction and no unforeseen matters arise including for example (but not limited to) a defect in title which requires remedying prior to completion or the preparation of additional documents ancillary to the main transaction
• If the property is leasehold, this is the assignment of an existing lease and is not the grant of a new lease
• The transaction is concluded in a timely manner and no unforeseen complications arise
• All parties to the transaction are co-operative and there is no unreasonable delay from third parties providing documents
• No indemnity policies are required. Additional disbursements may apply if indemnity policies are required

Matters likely to affect the cost:

• Value of the property
• Urgency of instruction
• Requirement for a lock out or exclusivity agreement
• Off plan, newly built
• Listed buildings requiring planning review and advice
• Non-standard legal title documents, such as more than one transfer/lease/deed per transaction
• Refurbished properties that may require planning and construction review and advice
• Company involvement (additional searches at Companies House / company resolutions)

Key Stages:

Sale:

• Take your instructions and complete our identification and money laundering checks including verifying source of wealth and funds
• Provide you with standard property questionnaires to complete
• Check sale proceeds will be sufficient to discharge any existing mortgages on the Property
• Draft contract documents and prepare sales pack
• With your help, respond to any enquiries by the buyer's solicitor
• Agree the contract and transfer with the buyer's solicitor.
• Agree completion date (date on which the property is transferred to the buyer)
• Send final contract to you for signature
• Exchange contracts and notify you that this has happened
• Send transfer to you for signature
• Complete sale
• Send monies to lender to obtain discharge of any mortgage
• Pay selling agent from sale proceeds (if agreed)
• Return remaining funds to you.

Purchase:

• Take your instructions and complete our identification and money laundering checks including verifying source of wealth and funds
• Check finances are in place to fund purchase and contact lender's solicitors if needed
• Receive and advise on contract documents
• Carry out searches
• Receive a copy of your surveyor's report on the physical aspects of the property and liaise further as necessary
• Obtain further planning documentation if required
• Make any necessary enquiries of seller's solicitor
• Give you advice on all documents and information received in a comprehensive report on title
• Go through conditions of mortgage offer
• Advise you on joint ownership
• Draft Transfer
• Agree completion date (date from which you own the property)
• Send final contract to you for signature with request for the deposit
• Exchange contracts and notify you that this has happened
• Obtain pre-completion searches 
• Arrange for all monies needed to be received from lender and you
• Complete purchase
• Deal with payment of Stamp Duty/Land Tax
• Serve any post completion notices (eg notice of assignment / charge)
• Deal with application for registration at Land Registry

Included in the cost:

Sale

• Liaising with the Selling Agent to assist with the preparation of the sales particulars
• With your help, preparing a full sales pack for the purchaser including replies to standard enquiries, title details, all relevant copy documents, such as planning permissions, guarantees and certificates and, if it's a leasehold, management information from the managing agents
• Preparing a draft contract on your terms and negotiating that with the purchaser's solicitor
• Liaising with your bank to arrange for the redemption of any mortgage on the Property
• If the property is leasehold, obtaining any necessary consents from your landlord

Purchase

• Full investigation of legal title to the property and rights required for its proper enjoyment, together with a full set of standard searches for your property purchase
• Comprehensive report on our investigations and copies of all documents referred to. This report will also help your solicitor prepare for a quick sale in the future.
• Completion and submission of SDLT forms and payment of SDLT
• Registration of the property in your name at the Land Registry (subject to paying the Land Registry fees) and, if relevant, securing the bank's charge on the property

Not included in the cost:

• Tax advice.
• Face to face meetings (other than to verify identity)
• Interpretation of planning documents other than on a superficial level
• Additional non-standard documents or complex legal structure of the legal title
• Advice regarding neighbouring and adjoining properties
• Preparation of lock out / exclusivity agreements if required
• Drafting of co-habitation agreements / trust deeds
• Preparation of supplemental documents eg indemnity insurance policy (ies)/ licences / tenancies / deeds of variation
• Negotiating finance terms

However, we can provide assistance in relation to any or all of these matters if so required. Please ask and we can provide further information about our fees.

Complaints

The Firm is committed to providing a high-quality legal service to all clients. In the very unlikely event that you wish to complain please tell us about it. This will help to improve standards. If you have a complaint, please contact us with the details. We have eight weeks to consider your complaint. If you have not resolved it within this time you may complain to the Legal Ombudsman.

What will happen next?

• We will send you a letter acknowledging receipt of your complaint within seven days of receiving it, enclosing a copy of this procedure.
• We will then investigate your complaint.
• We will then invite you to a meeting to discuss and hopefully resolve your complaint. We will do this within 14 days of sending you the acknowledgement letter.
• Within three days of the meeting, we will write to you to confirm what took place and any solutions we have agreed with you.
• If you do not want a meeting or it is not possible, we will send you a detailed written reply to your complaint, including my suggestions for resolving the matter, within 21 days of sending you the acknowledgement letter. 
• At this stage, if you are still not satisfied, you should contact us again and we will review the decision.
• We will write to you within 14 days of receiving your request for a review, confirming our final position on your complaint and explaining our reasons.

What to do if we cannot resolve your complaint

The Legal Ombudsman can help you if we are unable to resolve your complaint ourselves. They will look at your complaint independently and it will not affect how we handle your case.

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, then you must 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 act/omission; or
• No more than one year from when you should reasonably have known there was cause for complaint.

If you would like more information about the Legal Ombudsman, please contact them.

Contact details

Visit: www.legalombudsman.org.uk

Call: 0300 555 0333 between 9.00 to 17.00.

Email: enquiries@legalombudsman.org.uk

Address: Legal Ombudsman, PO Box 6167, Slough, SL1 0EH

What to do if you are unhappy with our behaviour

The Solicitors Regulation Authority can help 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.

Visit their website to see how you can raise your concerns with the Solicitors Regulation Authority.