In order to protect ourselves and our clients we are following Government guidance at - https://www.gov.uk/coronavirus. Please note however that despite the relaxing of restrictions on the 19th July we will be maintaining all safety measures as were in place before that date.

We are also heeding Law Society guidance at - https://www.lawsociety.org.uk/support-services/advice/articles/coronavirus-advice-and-updates/

Our core opening hours for telephone calls and online appointments during the pandemic are Monday 12 noon - 4pm and Tuesday to Friday 11am - 4pm. Outside of these times please leave a phone message or send an email and we will endeavor to get back to you as soon as possible.

Meetings will be conducted via phone or a conferencing application such as Zoom or Skype as much as possible. Where face to face meetings are unavoidable, we are seeing clients in the normal way albeit with appropriate face coverings. Core opening hours for face to face appointments are Tuesday to Friday 11am to 4pm.

Please take care during these very challenging times and we hope to see you again in person in the not too distant future.

The firm deals with all aspects of the law relating to Wills, Probate and Administration.

We can advise you about your needs in relation to Wills, tax planning and inheritance. Wills are often regarded as straightforward but the drafting of Wills is fraught with difficulties for the unwary or inexperienced. We ensure that we take full details from you so that your Will fulfils your wishes and minimises complexities should it come to be implemented. Our Wills service is highly personalised and will always be accompanied by detailed advice relating to your affairs. The cost of this is realistic but will represent a genuine economy compared to a 'cut price' option where corners are often cut.

We can also advise you about creating a Lasting Power of Attorney and applying to the Court of Protection, with particular reference to the care of the elderly.

We can act as executors in relation to your estate and as the solicitors for the executors or administrators in the administration of estates. We can advise about contentious probate problems and represent you in proceedings regarding Wills or claims against an estate.

Conveyancing

Other

This firm currently only acts in residential conveyancing transactions which arise from the probate work undertaken. We can discuss whether this is desirable or appropriate in a particular case as part of the administration. This will depend on the property which is to be sold and issues it may have, such as a short lease which has to be extended.

A sale involves the following stages:

• Advise the executors about the conveyancing process
• Write to the buyer's solicitor to notify them of our interest
• Prepare a draft contract and submit this with the relevant property information forms to the buyer's solicitors
• Deal with the pre-contract enquiries raised by the buyer's solicitors
• Liaise with the estate agents as necessary
• Liaise with the freeholder / managing agent as necessary
• Agree the terms of the contract for sale including the date for completion, the deposit that is payable and any change to the sale price
• Exchange contracts when all parties are ready to do so
• Obtain redemption figures for any outstanding mortgages
• Make the pre-completion legal arrangements and checks
• On the day of completion we will receive the balance of the purchase price. From this we will redeem any mortgages, settle the Estate Agent's and our fees and account to the estate for the balance of the proceeds of sale.
• Forward the title documentation for the property to the buyer's solicitors so that the buyer can be registered at the Land Registry as the new owner of the property
• If there is a leasehold interest, deal as necessary with the freeholder, including settling and apportioning any service charges and other expenses
• Deal as necessary with issues that arise in relation to any related purchase

The timing of a transaction will depend on how long it takes the seller to be satisfied with the information provided about the property and whether there are any issues to resolve. On average a transaction will take 12 weeks or more to complete.

A property cannot be sold until the Grant of Probate has been obtained, so this will determine when the property can be marketed and exchange can take place.

We are able to advise on other aspects of private client work including:-

• Lasting Powers of Attorney
• Deed of Trust
• Statutory Declarations
• Change of Name Deeds
• Commissioners for Oaths

The work done by the conducting solicitor in relation to probate matters is charged at an hourly rate of £288 plus VAT for the time spent. There is no other charge in addition to this, so this is not related to the value of the estate, the urgency with which something must be done or if the work is done out of usual office hours.

In most cases the minimum time it will take to advise on an estate will be 4 hours. There is no maximum, as each estate will depend on the circumstances but usually the fees will not exceed £25,000 plus VAT. On average, we find that typically an estate will cost £7,500 - £10,000 plus VAT to administer. We will provide an initial estimate once we have sufficient information about the estate and review this as the matter progresses.

We produce an itemised account detailing the work done in increments of 6 minutes, usually as the matter progresses and also when it concludes.

These costs relate to uncontested matters, with all assets in the UK, as foreign elements can add a layer of complexity depending on the circumstances.

The final fees will depend on the following factors:

• Whether the partners of the firm are appointed as executors;
• The extent to which the executors want to undertake the steps in the administration themselves - This can range from only taking advice when reaching an obstacle to handing the entire matter over to the solicitor to deal with;
• The nature and extent of the estate - an estate with one bank account with £100,000 in it will be much simpler to administer than one with 10 bank accounts with a total of £100,000 in them;
• Shareholdings - Estates with a share portfolio held with a stockbroker will be much simpler to deal with than one with 25 different shareholdings managed by the deceased person themselves, where the certificates may or may not be found;
• The number of beneficiaries of the estate - All beneficiaries have to have their identity verified and paid securely, so the time taken in estates with 20 beneficiaries will be much greater than when there is just one beneficiary;
• The value of the estate - these are the categories of complexity, beginning with the simplest:

(1) An estate where no grant of probate is required. This will be an estate where all or most of the assets pass by survivorship and the value is below £325,000 (or £500,000 if the residence nil rate band applies).

(2) An estate where no tax is payable but an IHT 205 has to be completed and a Grant of probate applied for. This will be for estates of up to £325,000 or £1m where the spouse exemption applies.

(3) Estates where IHT is payable and the full IHT400 account with the related schedules has to be prepared. The additional schedules will depend on.

- The range of assets in the estate, such as properties, bank accounts, pensions, life assurance, shareholdings, business interests, foreign assets. Each of these has their own schedule.

- Claiming unused nil rate band (NRB) from the estate of a deceased spouse

- Claiming the residence NRB and unused residence NRB from the estate of a deceased spouse - Any issues about domicile

- Claiming exemptions such as charitable donations, gifts out of income,

- 'Grossing up' calculations, lifetime gifts and similar which affect the IHT payable

There are other matters which can greatly affect the time taken. These include

• Litigation against or by the estate
• Problems with property such as disrepair or Party Wall Act issues
• Disputes about the validity of the Will
• Inheritance Act claims
• Missing beneficiaries
• Intestacy

In addition to the legal fees, the following costs can also arise

• Fee for the Grant of Probate - usually about £170
• London Gazette fee for unknown creditors - £90
• IHT - calculated during the administration. Information about IHT is available on the Government website.
• Insurance - for a disputed Will or other issue - £3,000 +

Daniel Williamson studied Law and American Studies at Keele University and graduated in 1991. After completing the precursor of the LPC in 1992, he began working for David Clark, and undertook a wide range of matters before specialising in family law and Wills and probate. He has concentrated on Wills & Probate work since the covid pandemic and has undertaken a wide range of matters throughout his career.

The firm has historically specialised in advising the LGBT community and continues to do so, along with clients in the NW locality.

This firm currently only acts in residential conveyancing transactions which arise from the probate work undertaken. A fixed fee is charged for this which ranges from £1,500 to £3,000 plus VAT. The fee will depend on the following factors:

• Whether the property is freehold or leasehold, or leasehold with a share in the freehold
• In the case of leasehold properties, whether there is a professional managing agent which manages the freehold
• The value of the property, to reflect the risk relating to the firm's insurance. Estate agents charge a percentage fee, but the solicitor carries the risk of handling the completion monies, which is be reflected in the fees.

Additional costs associated with the sale and payable to third parties (disbursements)

• Bank fees for electronic payments - (BACS; Faster Payment; CHAPS; International 20p to £30 depending on type
• Leasehold management company's fees (if applicable) - to be provided by the Company but usually around £500 plus VAT
• Land Registry fees for copy documents - from £3 per item

As to timings, this will depend on the circumstances of the estate and varies widely due to the range of institutions, such as banks and Government bodies involved, such as HMRC and the Probate Registry. Once the death is registered, the first deadline is the payment of the first tranche of Inheritance Tax, which is due by the end of the sixth month after the death. So if a person dies in the month of April then the IHT is due by 31st October. The IHT account is due within twelve months, so in this example by 30th April. All other timings are case specific and will be given as the matter progresses.

The firm is committed to provide legal services to all clients equally and free from discrimination on the grounds of sex, gender, gender identity, sexual orientation, race, religion, nationality, ethnicity, disability and age.

We endeavour to provide a high quality legal service to our clients. If any issues arise with the service that is provided then we will endeavour to resolve it at an early stage by discussing the issue in person, over the telephone or by email or letter. If this does not lead to a satisfactory resolution then the issue should set out formally in a letter or email and this will be dealt with by the senior solicitor in the firm. As the only solicitor in the firm at present is Daniel Williamson, then he will aim to resolve your compliant. This may involve the solicitor taking advise from the Solicitors Regulation Authority.

If this does not resolve the matter, then you can refer the matter to the Legal Ombudsman. You will need to provide the Legal Ombudsman with documents relating to the complaint, which include evidence of your complaint to the firm, such as by email or letter and the response that you have been provided with. The Legal Ombudsman will then try and assist you in resolving the complaint by liaising with the firm.

Information about the Legal Ombudsman is available at https://www.legalombudsman.org.uk/

In certain circumstances a complaint can be referred to the Solicitors Regulation Authority. This is where the conduct of the solicitor breaches any of the principles of the SRA. The principles that the solicitor should abide by are to act:

1. in a way that upholds the constitutional principle of the rule of law, and the proper administration of justice
2. in a way that upholds public trust and confidence in the solicitors' profession and in legal services provided by authorised persons
3. with independence
4. with honesty
5. with integrity
6. in a way that encourages equality, diversity and inclusion
7. in the best interests of each client

Information about the role of the SRA is at https://www.sra.org.uk/