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our fees

Macmillans Solicitors LLP

our fees

 

Probate

When someone dies, we can help with the winding up of an estate by obtaining the Grant of Probate on your behalf. We can also undertake the collecting and distributing of assets and deal with any estate tax, including inheritance tax, income tax and capital gains tax.

How much does this service cost?

Legal fees:-

  • Grant of Probate only - we offer a fixed fee of either £500 plus VAT (£600) or £750 plus VAT (£900) depending on the assets involved and matters such as whether there were any lifetime gifts.  Once the Grant of Probate has been issued we will send the official copies to the Executor to deal with the administration of the estate.
  • Estate administration - this includes: obtaining the Grant, collecting assets, preparing estate accounts and dealing with tax, then final distribution of the estate.  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.  Our fees are based on the value of the estate and are typically up to 1% of the gross value of the assets plus VAT, currently at 20%.

 

Disbursements:- these 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.  Disbursements can include:-

  • Probate court fee – currently £155.
  • Oath fees (per executor) - £7 unless there are Codicils to the Will which incur an additional fee of £2 per Codicil.
  • Bankruptcy-only Land Charges Department searches (£2 per beneficiary).
  • Post in The London Gazette and in a Local Newspaper – protects against unexpected claims from unknown creditors – usually around £190.

1. As part of our fixed fee we will:

  • Provide you with a dedicated and experienced probate solicitor to work on your matter
  • Identify the legally appointed executors or administrators and beneficiaries
  • Accurately identify the type of Probate application you will require
  • Obtain the details of the assets and liabilities of the estate and prepare the relevant documents required to make the application
  • Complete the probate application and the relevant HMRC forms
  • Draft a legal oath for you to swear
  • Make the application to the Probate Court on your behalf
  • Obtain the Probate and send the official copies to the Executor for their use

On average, obtaining the Grant of Probate takes 2-3 months, but can be obtained quicker if the assets are straightforward or the Grant is required urgently. 
2. As part of our estate administration service, we will do all of the above and then proceed with collecting the assets (closing bank accounts and encashing investments, selling shares etc), which can take a further 2-3 months. Once this has been done, we will prepare estate accounts, deal with final tax matters and then distribute the estate in accordance with the terms of the Will.  Usually, the winding up of an estate from start to finish takes around 6-9 months, unless there are complicating factors or challenges to the Will.

Potential additional costs:-

  • If there is no will or the estate consists of any share holdings (stocks and bonds) or if the estate includes any assets outside of the UK, 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.
  • Dealing with the sale or transfer of any property in the estate is not included.
  • Where estates are subject to inheritance tax, the process will take longer and there are more detailed forms to complete for HMRC.  HMRC have their own requirements and time frames in place in terms of the probate process.  We aim to deal with HMRC as efficiently and smoothly as possible and can provide you with more information as to our costs once we have more details.

For more information or a quote please contact us on 01208 812415 or email info@macmillans-solicitors.co.uk

 

Debt Recovery

We offer an efficient and cost effective means of recovering unpaid commercial invoices. Details of our fees for undisputed debts are set out below.

Letter of claim – £25 + VAT

This includes, where appropriate:

  • taking your instructions and advising on the best course of action for debt recovery
  • carrying out any necessary investigations such as Companies House checks
  • sending a letter of claim which may include additional claims for interest and compensation that you may be entitled to.

 

Issuing Court Proceedings

If payment is not made or an agreement is not reached with the debtor, you may wish to take further action. We can then prepare and issue court proceedings on your behalf. Our fixed fees for this work depend on the value of the debt claimed.


Debt Amount (inc. VAT)

Our Fixed Fee (exc. VAT)

Court Fee

Total (exc. VAT)

Up to £300

£65

£35

£100

£300.01 – £500

£75

£50

£125

£500.01 – £1,000

£125

£70

£195

£1,000.01 – £1,500

£140

£80

£220

£1,500.01 – £3,000

£140

£115

£255

£3,000.01 – £5,000

£140

£205

£345

£5,000.01 – £10,000

£200

£455

£655

£10,000.01 – £200,000

£210

5% of the value of the claim

TBC

Claims over £200,000

£250

£10,000

£10,250

 

Applying for Judgement
If the debtor fails to respond to the court proceedings an application can be made to the court for judgment on your behalf. Our fixed fees for this work are set out below.


 Debt Amount (inc. VAT)

   Our Fixed Fee (exc. VAT)

 Court Fee

 Total (exc. VAT)

 Up To £5,000

£25

NIL

£25

 £5,000.01  – £100,000

£35

NIL

£35

 

Enforcement
There are a number of options available for enforcement of a Judgment, we will discuss the most suitable option with you and advise you of the costs involved.

Disputed Debts
If the debtor chooses to defend your claim we will act on your behalf and advise you on the possible costs involved and the best way of proceeding with the claim.
Alternatively if a claim has been made against you for a debt which you think you should not have to pay we can provide advice and representation in defending a claim.
The costs relating to a defended claim will vary depending on the complexity of the dispute.

 

Wills - information & fees

Lasting Powers of Attorney - information & fees


For further details please contact us.



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