Powers of attorney

We Have A Dedicated Team Of Experienced Lawyers

By creating a Lasting Power of Attorney you can choose someone you trust to help you manage your affairs and let them make decisions for you if you subsequently become unable to make such decisions for yourself.

You can make a Lasting Power of Attorney for Property & Financial Affairs and/or Health & Welfare. Before Lasting Powers of Attorney can be used they must be registered at the Office of the Public Guardian. We can assist you with preparing and registering Lasting Powers of Attorney.

If someone has made an Enduring Power of Attorney (before October 2007) and they are now losing or have lost mental capacity, we can help you with the formalities of registering the Enduring Power of Attorney with the Office of the Public Guardian.

Cost Information

Probate
It can be difficult to provide an accurate estimate for probate work as no two estates are the same.  The costs vary depending on the complexity of an estate, whether or not Inheritance Tax is payable and the way that the assets are shared out in a Will.

Advice Only Service
If you would simply like some advice in relation to administering an estate but would prefer to actually administer the estate yourself then we offer a fixed fee appointment of a maximum of one hour for the cost of £150 plus VAT at 20%.

If you decide that you would like further advice from us after this meeting, then we would be happy to assist and this would be charged for at the hourly rate applicable to the member of our team who is responsible for the work.  These hourly rates are detailed below.

Grant Only Service
If you want to deal with administering the estate yourself but want us to help you with the process of obtaining the Grant from the Probate Registry then we can assist you on a fixed fee basis of £750 plus VAT at 20% and expenses.

This service is available where there is no Inheritance Tax payable and a full Inheritance Tax return is not required.

The following expenses will be payable in addition to our fees:

Probate Registry Fee     £300 (not subject to VAT)

Copies of Grant             £16.00 per copy (not subject to VAT)

We will not be responsible for advising you on what steps you will need to take to conclude the administration of the estate if you are using this Grant only service.

Full Service
We can advise and assist you with all aspects of estate administration and deal with as much or as little of this as you wish on your behalf and this would be charged for at the hourly rate applicable to the member of our team who is responsible for the work.  These hourly rates are detailed below.

Estate administration involves:

  • Registering the death
  • Organising the funeral
  • Rehoming pets
  • Reviewing the Will if there is one
  • Identifying the legally appointed executors or administrators and beneficiaries
  • Organising payment of the funeral from the deceased’s funds
  • Ascertaining full details of the assets and liabilities of the estate
  • Preparing the relevant Inheritance Tax return and claiming all appropriate allowances, exemptions and reliefs
  • Applying for the Grant from the Probate Registry
  • Dealing with any queries HMRC may have following submission of the Inheritance Tax return
  • Considering any claims made against the estate
  • Establishing who is entitled to inherit under the intestacy rules if there is no Will
  • Collecting in the estate assets and settling any bills and other liabilities
  • Dealing with any Income Tax or Capital Gains Tax liabilities that arise during the estate administration
  • Preparing accounts that detail all of the estate assets as at the date of death, any income received after death, any expenses or debts that have been settled after death and the subsequent distribution to the beneficiaries
  • Distributing the estate to the beneficiaries
  • Setting up any ongoing trusts created by the Will and registering these with the Trust Registration Service

During our initial meeting we would ask you for information so that we can provide our best estimate of the costs for our services in assisting you with the administration of the estate.

If an estate is small with few assets and few beneficiaries then our fees would be lower than for an estate with many assets and multiple beneficiaries.  To try to put this into context we anticipate that our fees would be as follows:

Very Simple Estates
If there are only one or two bank or building society accounts and little no debt with only one or two beneficiaries then the cost of the work is likely to be between £2,820 – £4,230 plus VAT at 20%.

More Complicated Estates
If there are more than one or two bank or building society accounts, other investments and or shares, property, little to some debt, Income Tax or Capital Gains Tax to pay, Inheritance Tax allowances to claim and more than one beneficiary then the cost of the work is likely to be between £4230 – £9870 plus VAT at 20%.

Complex Estates
If there are multiple bank or building society accounts, other investments and or shares, property, little to a lot of debt, Inheritance Tax, Income Tax or Capital Gains Tax to pay, unusual gifts or multiple beneficiaries then the cost of the work is likely to be between £10,152 – £25,000 plus VAT at 20%.

How long will this take?
On average, very simple estates are usually administered within 12-18 months of death. Some may be administered more quickly and others can take much longer, depending on the circumstances.  In more complicated and complex estates this time frame may be extended to 2 to 3 years after the date of death.

Potential Additional Costs and Delays
There may be additional costs and resultant delays in certain circumstances. Situations where additional costs and delays are likely to arise include (but is not limited to):

  • The validity of the Will is challenged
  • A claim is made against the estate including an Inheritance (Provision for Family and Dependents) Act 1975 claim
  • Ownership of estate assets are disputed or unclear
  • A dispute arises between executors or beneficiaries
  • Charities are named as residuary beneficiaries
  • There are foreign assets
  • Inheritance Tax is payable and there are not enough liquid funds in the estate to pay it
  • HMRC refer estate valuations to the District Valuer
  • There are issues with a property that may delay its sale (such as its condition, mortgageability or problems with the legal title)
  • A Deed of Variation or a Deed of Appointment are required
  • The Will or intestacy rules create an ongoing trust which needs to be set up and may need to be registered with the Trust Registration Service

Sale of Land and Property
Any estimate we give would not include our fees for the sale of land or property owned by the deceased as this would be dealt with by our conveyancing department; they would be able to give you their own estimate for this work.

Other Expenses
There are other expenses that you may have to pay for as part of the administration process and these are listed below together with an estimate of their cost

Probate Registry Fee                             £300 (not subject to VAT)

Copies of Grant                                     £1.50 per copy (not subject to VAT)

Certainty Will Search Fees                    £49 – £105 plus VAT at 20%

Land Registry Office Copies                   £7 per document plus VAT at 20%

Bankruptcy Search Fees                        £6 per person plus VAT at 20%

Bankruptcy Search Fees for                  Varies depending on Country but prices usually

Non-UK residents                                  start at £50 per person plus VAT at 20%

S27 Trustee Act notices                        Varies depending on the publication but usually £92 to £130 plus VAT at 20%

Land Registry fees on change               £20 – £910 of ownership (registered land) (not subject to VAT)

Land Registry fees on change               £30 – £680 of ownership (unregistered land) (not subject to VAT)

Land Charge Searches                          £7 per name searched plus VAT at 20%

Assets & Liabilities Search                     £25 – £195 plus VAT at 20%

Our Hourly Rates
Our hourly rates may change from time to time and if this happens you would be notified of such changes and the impact this may have on our charges. At present our hourly rates are as follows:

Zoe Smith, Nicky Sherrard, Diane Lane-Miles – £282 plus VAT at 20% per hour

Kelly Rathbone – £185 plus VAT at 20% per hour

Although you may be healthy now, it is wise to plan for when you may not be able to, or may not want to, make certain decisions for yourself.

A lasting power of attorney (LPA) is a legal document that lets you appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf.  We can advise you on LPAs and help you make one.

What types of lasting powers of attorney are there?

There are two types of LPA:

  • health and welfare
  • property and financial affairs

You can choose to make one type or both.

A health and welfare LPA enables your attorney to make decisions about things like where you live, your medical care, and your social activities.  It can only be used once you have lost mental capacity.

A financial LPA enables your attorney to act on your behalf to buy and sell property, make payments and invest your money.  You can choose whether it can be used if you still have mental capacity, or only once you have lost capacity.

Do I need a lasting power of attorney?

A LPA will give you more control over what happens to you if you have an accident or an illness and cannot make your own decisions.

You never know when you might need a LPA, although as you get older you should consider it more seriously.  Being prepared can make dealing with your affairs much easier for your loved ones and ensure you are well cared for.   It is easy to revise an LPA if your circumstances change.

Do I need a solicitor to make a lasting power of attorney?

You can make a lasting power of attorney without a solicitor, but there are three main advantages of using a solicitor:

  1. We can talk through what you want to achieve in an understandable way and advise you on your options.
  2. Many LPA applications are rejected by the Office of the Public Guardian each year because the application has not been prepared properly. We can prepare the documents for you so that you can be confident that they reflect your wishes and reduce the risk the application will be rejected.
  3. We can remove the time and stress of working out what forms you need to complete, what everything means and where you need to send the documents.

How much does it cost?

We will charge the following fixed fees, so that you can know what it is going to cost from the outset: 

  • £420 + VAT, for drafting one LPA, including acting as certificate provider.

In addition to our fees, the Office of the Public Guardian charge a registration fee of £82.00 per Power of Attorney, although if you are on a low income you may qualify for a reduction in the fee.