Oldham Marsh
Page Flavell

Estate administration

Following the death of a relative or friend it may be necessary to apply to the Probate Registry for a Grant of Representation. This would be a Grant of Probate if the Deceased made a Will or a Grant of Letters of Administration if there is no Will. We are here to help you at this difficult time with the following services:

1. Full Administration

We can help you by dealing with the whole estate, from collating the assets and liabilities to the final distribution to the beneficiaries. How long this takes and the exact cost will depend on the individual circumstances of the matter.

Typically, for a simple estate consisting of one residential property, a couple of bank accounts and a few other investments such as premium bonds, we would anticipate a time frame of between 8 and 10 hours of work at £250.00 per hour. Total costs estimated at £1,500 to £2,500 (+VAT). We would hope that, on average, estates that fall within this range are finalised within 4-6 months

If there is only one beneficiary or the estate consists only of cash, costs will be at the lower end of the range. If there are multiple beneficiaries or numerous bank accounts, costs will be at the higher end.

This illustration of our costs however assumes that:

• There is a valid will
• There is no more than one property
• There are no more than four bank or building society accounts
• There are no other intangible assets
• There are only a few beneficiaries
• 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 which are likely to be made against the estate
• There is no foreign property

In addition to our own costs, there are likely to be some out of pocket expenses (known as Disbursements). These are costs related to the administration of the estate 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 and will itemise these on the bill or Estate Account. Common Disbursements are:

PLEASE NOTE:

If there is no will, the estate consists of substantial assets or there are other complications cost are likely to be significantly higher depending on the estate and how it is to be dealt with. We can give you a more accurate estimate once we have more information.

Dealing with the sale or transfer of any property in the estate is not included in this illustration.

2. Grant only applications

If the affairs of the Deceased are straight forward, and you just need help in obtaining the required grant from the Probate Registry, then we offer a Grant Only service for a fixed fee of £750.00 PLUS VAT and Disbursements.

In order for us to apply for the required Grant of Representation you will need to provide us with a full breakdown of the Assets and Liabilities of the estate following which we will be able to prepare the probate application. Typically, once this information is available, the application can be submitted to the Probate Registry within 2 – 4 weeks.

Once the Grant has been received from the Probate Registry we will forward the document to you so that you may deal with the Estate Administration yourself.

Unfortunately, we are only able to offer our Grant Only service for simple estates. You may deal with the Estate Administration yourself.

Unfortunately, we are only able to offer our Grant Only service for simple estates.

Debt recovery

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 Judgment in default;
• When Judgment in default in received, write to the other side to request payment
• If payment is not received within 14 days, providing you with advice on next steps and likely costs;
• Matters usually take 1-8 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 Judgment in default. If enforcement action is needed, the matter will take longer to resolve.

It should be remembered that the costs remain to be paid by the client and there is no guarantee that any costs or monies can be recovered from the debtor.

Licensing applications

Premises licence

Two types of applications: -

1. Applications for a premises licence under Section 17 of the Licensing Act 2003; and

2. Applications to vary a premises licence under Section 34 of the Licensing Act 2003.

Our normal range of costs for cases for an application or variation of a premises licence are as follows:-

1. Application

Depending on the complexity and time taken, in the range of 3 to 8 hours at an hourly rate of £240.00 including VAT. A simple application will be at the lower cost end of the spectrum and a more complex application will be at the higher end. High complex applications such as large scale properties or public events may be at a significantly higher cost, but estimates can be provided.

2. Variation

Depending on the complexity and time taken, in the range of 1 – 6 hours at an hourly rate of £240.00 including VAT.

Unless stated as a specific exclusion, the price displayed includes:

• Taking your instructions;
• Advising you as to how you can promote the licensing objectives within your premises licence application;
• Advising on the type of plans required to accompany your application;
• Completing and submitting the application;
• Disclosing the application to the responsible authorities;
• Making arrangements for the necessary advertising of the application.

There are additional costs payable for submitting and advertising the application depending on what is required.

This fee is made up of:

1. Application :

• Legal fees: £600 to £1,200 approx.
• VAT on legal fees: £120 to £240 approx.
• Disbursements: see disbursement list below.

2. Variation :

• Legal fees: £200 to £800 approx.
• VAT on legal fees: £40 to £160 approx.
• Disbursements: see disbursement list below.

Disbursements are costs related to your matter that are payable to third parties, such as the application fee.

• Application fee (payable to licensing authority) £100 to £1,905 *
• Advertising fee £300 to £500*
• Enquiry agent fees to display public notices £100 to £200 *
• Special delivery fee to serve the application £6.50 to £41.20
• Printing additional copies of plans if necessary on application

* These fees vary depending on the individual premises and where it is located. The fees can on occasion be higher than the ranges given above. We will give you an accurate figure for each item as soon as we are able to do so.

Fee includes:

• Taking your instructions and advising you as to how you can promote the licensing objectives within your application;
• Advising you as to the type of plans you are required to submit with your application;
• Completing the application form for a new premises licence (including the operating schedule) in accordance with your instructions and submitting this to the local licensing authority alongside suitable plans. You must provide suitable plans;
• Providing guidance on the fee levels payable to the licensing authority;
• Preparing copies of the premises licence application for disclosure to the responsible authorities and serving copies of the application on the responsible authorities;
• Drafting the notices advertising the premises licence application and submitting the notice to the local newspaper;
• Arranging with you for you to display the notice(s) advertising the premises licence application and advising as to where and how this should be done by you in order to comply with the requirements of the Licensing Act 2003;
• Providing a Designated Premises Supervisor (DPS) consent form for signature by a personal licence holder proposed by yourself;
• Checking the licence once granted and correcting any errors with the licensing authority.

The fee does not include:

• Obtaining suitable plans;
• Attending pre-consultation meetings with the Licensing Authority or Responsible Authorities, nor their fee for this meeting;
• Dealing with or advising you in relation to queries or representations received from either the responsible authorities or other interested parties;
• Advising on varying the licence;
• Attendance and representation at a licensing sub-committee hearing of the responsible authority. If representations are received and attendance and representation at a licensing sub-committee is required then we will provide a separate fee estimate for this work which will be charged at an hourly rate.

How long will my application take?

Matters usually take 2-10 weeks from receipt of full instructions from you. This is on the basis of the application being relatively straightforward and you being able to provide all the necessary documents promptly. If your matter is more complex, for example, if there is substantial opposition from interested parties, or if there is a delay in receiving the documents we need, it may take longer.

Personal Licence fee

Apply to your local authority.