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Thread: Help from a solicitor on..........probate fees

  1. #1

    Help from a solicitor on..........probate fees

    Hi
    I would appreciate some advice on the below from any solicitors or legal experts on the forum.

    My father passed away January '17 so I had a meeting with the firm that drew up his will and who we have dealt with for the past 20 years or so. Met with solicitor A about them handling his estate, which is by no means complicated. A house, couple of bank accounts, some shares in a single co. Solicitor A quoted around £1000 plus disbursements plus VAT which was acceptable to me and comparable with another local firm so I instructed him to proceed. His fee was detailed in writing and went along the lines of the above up to the point of probate and if there is any additional work then I will be informed.

    Over the next few months there was an exchange of mails/emails on his progress so all ticking along. Then in May last year I receive a letter from solicitor A that he is retiring and solicitor B will be taking over the case and there was not much outstanding. Fine, you've got to retire at some point. But I found that I had to continuously chase solicitor B for updates. In November last year I received a summary detailing they have taken their fees of £1366, which is in line with their quote, from my fathers bank balance that they were holding but this was taken last April. In July, after some chasers, I got the final bill which included the £1366 for solicitor A but to my surprise there was an additional fee of £1468 for services of solicitor B for the period Apr '17 - Jul '18 in relation to the handling of the estate. The fees are double what I thought I was told and furthermore was not informed of the additional fee.

    Was I completely mistaken that the original fee quoted would cover everything? Do I have any recourse on the additional fee which I feel I was not informed about from the outset or do I bend over and take it?

    Thanks in advance.

  2. #2
    Master
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    In 2016 I engaged a solicitor to deal with probate on my fathers estate, similar to you it covered a house and a few bank accounts/investments. I was told at the start it would be no more than £2k and the final bill was just under that.

  3. #3
    Common sense(?) would suggest solicitor A is at fault here - he hasn't completed probate as originally agreed. If he couldn't do it he should have made arrangements to get it completed at no extra cost to you

  4. #4
    Quote Originally Posted by Kingstepper View Post
    Common sense(?) would suggest solicitor A is at fault here - he hasn't completed probate as originally agreed. If he couldn't do it he should have made arrangements to get it completed at no extra cost to you
    Looking back at the paper work the probate was granted back in April '17 but I didn't know until Nov/Dec last year.

  5. #5
    Did the initial quote state up to the point of probate, i.e. not including probate?
    It's just a matter of time...

  6. #6
    Craftsman
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    i have just gone through a similar process...2 solicitors on my case...similar fees

    1 at £245 per hour...1 at 185 per hour plus vat

  7. #7
    Journeyman
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    Did the fees from the time that probate was granted to now include the legal costs of transferring ownership of the house?

  8. #8
    Looking at the doc I literally took the first paragraph, the second paragraph describes additional fees that I will be notified of, which I wasn't. But I think they have me over a barrel on that second paragraph.




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  9. #9
    Posh paper is expensive

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  10. #10
    Quote Originally Posted by Taranaki Time View Post
    Did the fees from the time that probate was granted to now include the legal costs of transferring ownership of the house?
    Yes I believe it did even tho its not itemised.

  11. #11
    Journeyman
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    Quote Originally Posted by rgee View Post
    Yes I believe it did even tho its not itemised.
    Perhaps your next step is to request a completely itemised list of their fees, just to put your mind at rest that they are justified. They probably should have spoken to you about these beforehand, but it may here unfortunately been missed as a consequence of the change in solicitors. Absolutely no harm in asking and checking.

    As an aside, when my father passed away, I considered doing the executors myself. I am a lawyer though do not work in that particular area of the law, but it was not a complicated estate and would have saved me a couple of grand. Looking back now, I am really glad I didn't. The solicitors I employed did a thorough and professional job and I was really in no place ,emotionally , to deal with the necessary bureaucracy myself. I reckon it was money well spent.

  12. #12
    Looks like they had always considered it to be a two part fee. First part up to grant of probate, and then the second part dealing with the estate assets.

    You our could have queried the first invoice, as it sounds like they didn’t advise you of the over spend on time/costs etc. But, the letter appears to suggest dealing with the estate assets would be a fair amount more expensive, when it appears to be only slightly more.

    I’m not sure you have much to take issue with, but there is no harm in querying and asking for either a breakdown, or for them to reconsider based on them not contacting you to advise that they have gone over the estimate - although £166 for disbursement’s, especially if that includes VAT doesn’t seem high at all.
    It's just a matter of time...

  13. #13
    A house, couple of bank accounts, some shares in a single co...
    That seems a very simple and straightforward estate to deal with - and an awful lot of money to pay for having it done!

    R
    Ignorance breeds Fear. Fear breeds Hatred. Hatred breeds Ignorance. Break the chain.

  14. #14
    Grand Master Chris_in_the_UK's Avatar
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    Quote Originally Posted by ralphy View Post
    That seems a very simple and straightforward estate to deal with - and an awful lot of money to pay for having it done!

    R
    When my step father passed away last year we had probate, power of attorney and finalising the estate for £1500. I appreciate this might be dependant on location and the local rates, but the figures seem high?.
    When you look long into an abyss, the abyss looks long into you.........

  15. #15
    Quote Originally Posted by ralphy View Post
    That seems a very simple and straightforward estate to deal with - and an awful lot of money to pay for having it done!

    R
    It might seem high, and it might be high - but the fees seem to be in line with the Estimate of fees, which must have been agreed to before any work was carried out.
    It's just a matter of time...

  16. #16
    Quote Originally Posted by Omegamanic View Post
    It might seem high, and it might be high - but the fees seem to be in line with the Estimate of fees, which must have been agreed to before any work was carried out.
    Yes indeed.

    R
    Ignorance breeds Fear. Fear breeds Hatred. Hatred breeds Ignorance. Break the chain.

  17. #17
    Quote Originally Posted by Chris_in_the_UK View Post
    When my step father passed away last year we had probate, power of attorney and finalising the estate for £1500. I appreciate this might be dependant on location and the local rates, but the figures seem high?.
    To put my comment into better perspective, I did the estates of both my parents and that of my sister-in-law and so was basing my thought on the hands-on experience of how long it took and how straightforward and understandable the process was. (The quotes for my SiL were £2200 and £2600, she obtained them prior to her death and on seeing the figures she asked told me to do the work myself).

    R
    Ignorance breeds Fear. Fear breeds Hatred. Hatred breeds Ignorance. Break the chain.

  18. #18
    Grand Master oldoakknives's Avatar
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    I think you've paid 2 people to do the same job.

  19. #19
    Quote Originally Posted by oldoakknives View Post
    I think you've paid 2 people to do the same job.
    That's not helpful, and not what the Estimate of fees letter sets out.
    It's just a matter of time...

  20. #20
    Quote Originally Posted by Omegamanic View Post
    Looks like they had always considered it to be a two part fee. First part up to grant of probate, and then the second part dealing with the estate assets.

    You our could have queried the first invoice, as it sounds like they didn’t advise you of the over spend on time/costs etc. But, the letter appears to suggest dealing with the estate assets would be a fair amount more expensive, when it appears to be only slightly more.

    I’m not sure you have much to take issue with, but there is no harm in querying and asking for either a breakdown, or for them to reconsider based on them not contacting you to advise that they have gone over the estimate - although £166 for disbursement’s, especially if that includes VAT doesn’t seem high at all.
    Thanks for your experiences and advise but I think this just sums it up. The verbal and written quote of £1000+VAT I took to be for the whole package, at the time you don't think about the nitty gritty as there are emotions, funeral expenses to deal with. The only thing that I can query them on is the lack of comms on part 2 and handling of the estate assets.

  21. #21
    Master Maysie's Avatar
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    Quote Originally Posted by Omegamanic View Post
    Looks like they had always considered it to be a two part fee. First part up to grant of probate, and then the second part dealing with the estate assets.

    You our could have queried the first invoice, as it sounds like they didn’t advise you of the over spend on time/costs etc. But, the letter appears to suggest dealing with the estate assets would be a fair amount more expensive, when it appears to be only slightly more.

    I’m not sure you have much to take issue with, but there is no harm in querying and asking for either a breakdown, or for them to reconsider based on them not contacting you to advise that they have gone over the estimate - although £166 for disbursement’s, especially if that includes VAT doesn’t seem high at all.
    For what it is worth, I completely agree with what has been said above.

    The main issue of 'complaint' would seem to be the lack of communication along the way to keep you informed of the likely final fee for the second stage of work.

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