Transparency of price and service

Probate Department

Kelly-Ann Fransz, Dawn Anderson, Gemma Saville, Gemma Garfoot, Hayley Briggs and Lisa Whitelam are our Probate Lawyers.  For further information please visit our team profile pages.

 
Estate Administration (Applying for the grant, collecting and distributing the assets)

We anticipate this will take between 7 and 15 hours work at £310 per hour plus VAT at 20%.  The total costs estimated would usually fall between £2,170 – £4,650 plus VAT at 20%.  The exact cost will depend on the individual circumstances of the matter. For example, if there is one beneficiary and no property, costs will be at the lower end of the range. If there are multiple beneficiaries, a property and multiple bank accounts, costs will be at the higher end.

We will handle the full process for you. This quote is for estates where:

• There is a valid will
• There is no more than one property
• There are no more than 3 bank or building society accounts
• There are no other intangible assets
• There are no more than 4 beneficiaries, all of whom are over 16 and with full capacity
• There are no disputes between beneficiaries on division of assets. If disputes arise this is likely to lead to an increase in costs
• There is no inheritance tax payable and the executors do not need to submit a full account to HMRC
• There are no claims made against the estate

There may also be expenses known as disbursements that will not be included in the figures above (where applicable VAT is included at 20%):

• Probate application fee of £300 plus £1.50 per office copy
• Bankruptcy searches (£6.00 per beneficiary)
• Land Registry Office Copy entries £7.00
• Post in The London Gazette and local newspaper £300 – £350 – Protects against unexpected claims from unknown creditors (this may vary depending upon the advertising requirements)
• National Wills Register Search £140

*Prices subject to individual requirements.

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

Potential additional costs

• If there is no will or the estate consists of any share holdings (stocks and bonds) there is likely to be additional costs that could range significantly depending on the estate and how it is to be dealt with. We can give you a more accurate quote once we have more information.
• If any additional copies of the grant are required, they will cost £1.50 (1 per asset usually).
• DEALING WITH THE SALE OR TRANSFER OF ANY PROPERTY IN THE ESTATE IS NOT INCLUDED.

 How long will this take?

On average, estates that fall within this range are dealt with within 6-12 months. Typically, obtaining the grant of probate takes 24-32 weeks. Collecting assets then follows, which can take between 10-20 weeks. Once this has been done, we can distribute the assets, which normally takes 6-8 weeks.

Applying for the grant of Probate only

Sometimes clients ask us to assist with application for the Grant of Probate without requiring assistance with the administration of the full estate.  This is a service we offer.

Our Standard fixed fee is £1,220 plus VAT at 20%.  This assumes that a full Inheritance Tax submission to the HMRC is not required.

Where a full inheritance tax submission to the HMRC is required, we will need to carry out additional work and we our fees will usually fall between £2,750 to £4,500 plus VAT at 20%.

This is on the basis that full information relating to assets and liabilities are provided at the outset and we are not required to make any enquiries in this regard.

There may also be expenses known as disbursements that are payable to third parties, such as court fees.  We handle the payment of the disbursements on your behalf to ensure a smoother process.  These will not be included in the figures above (where applicable VAT is included at 20%):

• Probate application fee of £300 plus £1.50 per office copy

As part of our fixed fee we will:

• Provide you with a dedicated and experienced probate lawyer to work on your matter
• Identify the legally appointed executors or administrators and beneficiaries
• Accurately identify the type of Probate application you will require
• Collate the relevant documents required to make the application
• Complete the Probate Application and the relevant HMRC forms
• Make the application to the Probate Court on your behalf
• Obtain the Probate and securely send two copies to you

On average, obtaining the grant of probate takes 24 – 32 weeks.

Residential Conveyancing for Consumers

The Practice’s charges for sale, purchase and re-mortgage vary based on the value of the property concerned and, in some cases, where it involves freehold or leasehold property, shared equity purchases or other more complex arrangements.

Our costs include all expenses and VAT at 20% and on commencement of a new matter we would give you a fixed fee quotation in the knowledge of all known factors which can affect the complexity.

Please call us on 01427 610761 for a quotation which will be confirmed in writing.

For illustration purposes a sample of our current charges for Freehold property is shown in the table below.  These figures are our total costs including VAT at 20% but excluding disbursements (some of which depend on the location of the property) Land Registry Fees (which depend on the nature of the transaction) and any Stamp Duty Land Tax (which depends on the circumstances of the Buyer and the value of the property).

Our fee assumes that:

1. this is a standard transaction and that 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
2. If leasehold transaction, this is the assignment of an existing lease and is not the grant of a new lease
3. the transaction is concluded in a timely manner and no unforeseen complication arise
4. all parties to the transaction are co-operative and there is no unreasonable delay from third parties providing documentation
5. no indemnity policies are required. Additional disbursements may apply if indemnity policies are required.

We do not pay any form of introducer or referral fees.

Stamp Duty or Land Transaction Tax (on purchases)

This depends on the purchase price of your property. You can calculate the amount you will need to pay by using HMRC’s website or if the property is located in Wales by using the Welsh Revenue Authority’s website.

Disbursements & Third Party Charges

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

Typical disbursements and 3^rd party charges on a purchase transaction would include;

• Electronic Money Transfer fees
• Identification checks
• Onboarding charges
• Local Authority search
• Water & drainage Search
• Environmental Search
• HM Land Registration Fee

Additional charges and searches may be required according to the property’s location and lender requirements.

The likely additional costs for the purchase of  a property valued at £250,000, based on a property already registered at the Land Registry, would be £554.

For Leaseholds, there may be additional  charges which will be set out in the individual lease relating to the Property. The additional charges which we anticipate will apply are set out separately below. This list is not exhaustive and other  charges may apply depending on the terms of the lease.  These fees vary from property to property and can on occasion be significantly more than the ranges given above. We can give you an accurate figure once we have sight of your specific documents. We will update you on the specific fees upon receipt and review of the lease from the seller’s solicitors.

• Notice of Transfer fee – This fee if chargeable is set out in the lease. Often the fee is between £50 and £200.
• Notice of Charge fee (if the property is to be mortgaged) – This fee is set out in the lease. Often the fee is between £150 and £250.
• Deed of Covenant fee – This fee is provided by the management company for the property and can be difficult to estimate. Often it is between £150 and £250.
• Certificate of Compliance fee – To be confirmed upon receipt of the lease, as can range between £150 and £250.

You should also be aware that ground rent and service charge are likely to apply throughout your ownership of the property. We will confirm the ground rent and the anticipated service charge as soon as this we receive this information.

Typical disbursements on a Sale transaction would include;

• Electronic Money Transfer fees
• Identification checks
• Onboarding charges
• Land Registry Fee

For a Sale valued at £250,000, the likely additional costs would be £107.60.

Timescales

Timescales for any transaction are very much dependent on the other parties involved in the chain (and how long the chain is), whether there is a mortgage and if any unexpected issues arise out of the legal work we carry out on your behalf.  With this in mind, transactions can complete anywhere from 6 – 12 weeks from instruction.

If you are a first time buyer, purchasing a new build property with a mortgage in principle, it could take as little as 6 weeks. However, if you are buying a leasehold property that requires an extension of the lease, this can take significantly longer, between 12 and 18 weeks. In such, a situation additional charges would apply.

Stages of the process

The precise stages involved in the purchase of a residential property vary according to the circumstances. However, the transactions generally follow the process set out below:

In a purchase transaction:

• Take your instructions and give you initial advice
• Check finances are in place to fund purchase and contact lender’s solicitors if needed
• Receive and advise on contract documents
• Carry out searches
• Obtain further planning documentation if required
• Make any necessary enquiries of seller’s solicitor
• Give you advice on all documents and information received
• Go through conditions of mortgage offer with you
• Send final contract to you for signature
• Draft Transfer
• Advise you on joint ownership
• Obtain pre-completion searches
• Agree completion date (date from which you own the property)
• Exchange contracts and notify you that this has happened
• Arrange for all monies needed to be received from lender and you
• Complete purchase
• Deal with payment of Stamp Duty/Land Transaction Tax
• Deal with application for registration at Land Registry

In a sale transaction:

• Take your instructions and give initial advice
• Send out property information forms for completion
• Prepare the contract package
• Receive enquires from the buyers solicitor and take your instructions on the same
• Respond to enquires
• Send out documents to you for signing
• Obtain a redemption figure for any mortgage which needs to be repaid
• Complete the sale
• Pay the estate agents and account to you for the balance due

 Our Team

Details of our Residential  Property Team are detailed in the diagram below.  For further information please visit our team profile pages www.burtondyson.com/about-burton-and-dyson/our-team/

Employment Tribunal Unfair Wrongful Dismissal (not including appeals from Employment Tribunals)

Our pricing for bringing and defending claims for unfair or wrongful dismissal (plus VAT at 20%)

• Simple case: £5,000 to £7,500
• Medium complexity case: £7,500 – £15,000
• High complexity case: £15,000 to £25,000

This is to deal with all of the stages of the claim which are set out below.  We charge based on an hourly rate which varies depending on the member of staff dealing with your matter.

Lisa Whitelam and Steven Hardy deal with employment matters and their hourly rates are;

Factors that could make a case more complex:

• If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim
• Defending claims that are brought by litigants in person
• Making or defending a costs application
• Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties)
• The number of witnesses and documents
• If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer
• Allegations of discrimination which are linked to the dismissal

There will be an additional charge for attending a Tribunal Hearing of £1,000 per day (excluding VAT at 20%). Generally, we would allow 1 to 3 days depending on the complexity of your case.

Disbursements

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

There are presently no court fees in the Employment Tribunal, however, that is under review.

Counsel’s fees estimated between £1,500 to £3,000 per day excluding VAT at 20% (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation)

Key stages

The fees set out above cover all of the work in relation to the following key stages of a claim:

• Taking your initial instructions, reviewing the papers and advising you on merits and likely compensation (this is likely to be revisited throughout the matter and subject to change)
• Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached;
• Preparing claim or response
• Reviewing and advising on claim or response from other party
• Exploring settlement and negotiating settlement throughout the process
• preparing or considering a schedule of loss
• Preparing for (and attending) a Preliminary Hearing
• Exchanging documents with the other party and agreeing a bundle of documents
• Taking witness statements, drafting statements and agreeing their content with witnesses
• preparing bundle of documents
• Reviewing and advising on the other party’s witness statements
• agreeing a list of issues, a chronology and/or cast list
• Preparation and attendance at Final Hearing, including instructions to Counsel

The stages set out above are an indication and if some of stages above are not required, the fee will be reduced. You may wish to handle the claim yourself and only have our advice in relation to some of the stages. This can also be arranged on your individual needs.

How long will my matter take?

The time that it takes from taking your initial instructions to the final resolution of your matter depends largely on the stage at which your case is resolved. If a settlement is reached during pre-claim conciliation, your case is likely to take 6 to 12 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 6 to 12 months. This is just an estimate and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.

Debt Recovery

Debt recovery is conducted typically on behalf of clients as part of their wider general instruction to us to act for them.

These costs apply where your claim is in relation to an unpaid invoice which is not disputed and enforcement action is not needed. If the other party disputes your claim at any point, we will discuss any further work required and provide you with revised advice about costs if necessary, which could be on a fixed fee (e.g. if a one off letter is required), or an hourly rate if more extensive work is needed.

Anyone wishing to proceed with a claim should note that:

• The VAT element of our fee cannot be reclaimed from your debtor.
• Interest and compensation may take the debt into a higher banding, with a higher cost.
• The costs quoted above are not for matters where enforcement action, such as the bailiff, is needed to collect your debt.

Our fee includes:

• Taking your instructions and reviewing documentation
• Undertaking appropriate searches
• Sending a letter before action
• Receiving payment and sending onto you, or if the debt is not paid, drafting and issuing claim
• Where no Acknowledgment of Service or Defence is received, applying to the court to enter Judgement in default
• When Judgement in default in received, write to the other side to request payment
• If payment is not received within an agreed number of days, providing you with advice on next steps and likely costs

Matters usually take 12 weeks from receipt of instructions from you to receipt of payment from the other side, depending on whether or not it is necessary to issue a claim. This is on the basis that the other side pays promptly on receipt of Judgement in default. If enforcement action is needed, the matter will take longer to resolve.