Pricing and Service Information

 Document – Key stages and timescale – Freehold Sale

 Document – Key stages and timescale – Leasehold Sale

 Document – Key stages and timescale – Freehold Purchase

 Document – Key stages and timescale – Leasehold Purchase

 Document – Key stages and timescale – Remortgage

For a general overview of our pricing for residential sale, purchase and remortgage transactions please see the fee scale table below.

For some matters, such as leasehold transactions, additional fees may be appropriate and will be included in our original fee estimates if the circumstances are known at that stage.  A list of typical additional fees that may apply can be viewed below.

There is also the possibility that additional fees will be proposed during the course of a matter should unexpected work be necessary, e.g. drafting of tenancy agreements, statutory declarations or varying a defective lease.

For more complex sale, purchase or remortgage transactions, you may wish to instruct us to act on an hourly rate basis and details of the hourly rates of our fee earners  are as follows:

In addition to our professional legal fees, all property sales, purchases and remortgaging come with third party expenses which are known as disbursements. Typically these third party expenses include:

Land Registration Fee: These fees apply to all land and property. Each time there is any change to a property, it must be registered correctly with the UK government’s Land Registry agency. The current Land Registry Fees can be found here. At present, VAT does not apply to any of the official fees shown on the UK government’s Land Registry site.

Stamp Duty Land Tax: This applies to property and land purchases. If you are unsure of your Stamp Duty Land Tax position, we would recommend that you use the HMRC Stamp Duty Calculator which can be found here. If the Stamp Duty Land Tax position appears particularly complicated (e.g. if one or more of the various reliefs may apply) then we would recommend that you take further SDLT advice from one of our solicitors who are specialists in tax advice. At present, VAT does not apply to any of the official fees shown on the HMRC Stamp Duty Calculator site.

Searches: For your purchase, we recommend the following three searches: Local Authority Search (£93.33 plus VAT) , Water and Drainage Search (£45.49 plus VAT) and Environmental Search (£49.60 plus VAT). These are also a requirement of most mortgage lenders. The fees quoted are for the South Lakeland are., The fees for searches in other areas may vary. We also offer additional searches such as flood risk assessment (£36.75 plus VAT) and planning searches (£40.00 plus VAT) covering the area surrounding your purchase property. Please note that a search administration fee may be payable to the search provider in addition to the fees quoted above, depending on the location of the property.

Bankruptcy Searches: If you are purchasing the property with the assistance of a mortgage then we will be also acting for your mortgage lender. Although we do not charge additional legal fees for doing so, your mortgage lender will require us to carry out bankruptcy searches on all purchasers. The cost of a bankruptcy search is £2.00 per person (VAT is not applicable on this search).

Land Registry Searches: Before completion of your purchase we will carry out a Land Registry Search. This will reveal any new entries on a Register of Title and will protect your priority for registration. The cost of a Land Registry search is £3.00 per title (VAT is not applicable to this search).

Land Registry Title Documents: For your sale, we will need to obtain up-to-date title documents from HM Land Registry. These documents come at a cost of £3.00 per document (VAT is not applicable to these documents).

• Sale and purchase of land and rural property, including residential properties.
• Sale and purchase of agricultural land and buildings
• Representing clients at auction sales
• Drafting deeds for access and services, such as rights of way, rights to use septic tanks/treatment plants, rights to use private water supplies and boreholes
• Gifts of land, transfers of part of larger titles, estate restructuring, registration of land, boundary agreements and other land related matters
• Inheritance Tax and estate planning, including preparing Wills, Powers of Attorneys and Trusts, considering all aspects of Agricultural Business Relief, Stamp Duty Land Tax, Capital Gains Tax and other tax planning tools
• Probate administration
• Commercial property including hospitality and leisure, business and retail parks within rural environments, lake frontage and encroachment issues
• Disputes concerning boundaries, prescriptive rights, flooding, access and other issues and the use of mediation to resolve them.

We look forward to working with you on your specialist rural land or property matter. We refer you to our Price Information section below for illustrative fees and our current hourly rates. Wherever possible, we work on fixed, capped or staged fees to give our clients greatest certainty of cost. Please contact Peter Dodd for an initial discussion.

Our bespoke fee estimate will consider our hourly charging rates, the number of third parties involved and the complexity of the matter, and our expectation as to the time that is likely to be taken to conduct each stage. We will also take into account any particular time deadlines and the value of the assets.

Our fee range will begin at £1,500.00 plus VAT . In addition to our fees you may be required to pay expenses to third parties, e.g. HM Land Registry, which are often referred to as ‘disbursements’.

As an indication, some typical costs might be:

• Sale of grazing land – £1,500.00 – £2,000.00 plus VAT, subject to an initial examination of title. including rights, covenants and other relevant matters.
• Deed of easement, for example for a septic tank or a private water supply – £800.00 – £1,500.00 +VAT depending on the complexity of the requirements.

In addition to our legal fees, you will also be required to pay expenses to third parties, on sale, purchase and remortgage matters, e.g. local authority search fees and HM Land Registry fees.

An indication of current HM Land Registry fees can be found here.

If you are unsure of your Stamp Duty Land Tax (‘SDLT’) position, we would recommend that you use the HMRC SDLT calculator which can be found here. If the SDLT position appears particularly complicated (e.g. if one or more of the various reliefs may apply) then we would recommend that you take further SDLT advice either from an accountant who deals with SDLT or from our Head of Private Client Services, Robert Kornas, who specialises in SLDT advice.

Key Stages

An estate administration can broadly be divided into stages. These are detailed below.

(i)  Register the death, carry out funeral wishes, check validity and interpretation of the Will or explain how the Rules of Intestacy will apply and advise how to protect estate assets

(ii)  Determine who is responsible for administering the estate, make an initial assessment of what will be required, explain the process, the timescales and the costs involved; agree what you will need us to do and then take those steps without delay

(iii)  Value the estate, calculate if tax is payable and if so manage payment, if necessary, complete and guide you through the paperwork and apply for a Grant of Representation

(iv)  Liaise with HMRC (Inheritance Tax), collect in assets, settle liabilities including income tax, notify and identify beneficiaries, produce clear Estate Accounts and distribute

Timescales

How long will it take?

Once the funeral has passed, there is no particular urgency and we are happy to take things at your pace. Certain steps may be pressing such as ensuring property is adequately insured and valuables are secure. Once you are ready and where practicable, we will meet you in person either at your home with family members or at our offices.  We will always endeavour to conclude an administration as swiftly as possible, however, the timescale for completing the estate will depend upon a number of factors.  For an estate with just one bank account and no property to sell, the administration could be completed within as little as two to three months, although the time period is likely to be longer where there is inheritance tax to pay.  Where there is a property to sell, the timescale is likely to be dependent upon how long it takes for that property sale to be completed.  However, if the estate has only a few assets and a single property and there is no Inheritance Tax to pay, the administration can usually be completed approximately two months following the completion of the property sale.

In all cases, consideration must be given as to whether there is likely to be any claim against the estate of the deceased.  Where a claim is considered a possibility, the best advice is to wait a period of ten months from the date of issue of the Grant of Representation before distributing all (or in some cases any) part of the estate.  Distribution of the estate should be withheld if a claim is commenced.  In those situations where solicitors are appointed as executors, the solicitor executors are likely to want to take a cautious approach and to delay distributing all (or possibly any) of the estate until the ten month period has expired.

In tax paying estates, the timescale for administering the estate will be dependent upon the speed with which the tax authorities agree the Inheritance Tax position.  It is likely that tax paying estates will take at least a year to finalise, possibly more if a property in the estate is slow to sell.  In very complex situations an estate can take a number of years to administer.

We approach each instruction individually. We listen to our clients and we work closely with them. Our charges are based on how much we do and how complex the estate is. There are two parts to our charging structure; a time-based element and a value related element. For the most straightforward estates, perhaps where there is only one beneficiary and no property to sell, our fees will be at the lower end of the possible range.  In some cases our fees are limited as we are only instructed to assist with limited elements of an administration.  In such cases we charge on a time-only basis and our fee-earner rates are available on our website. Our fee notes are accompanied by a time sheet which identifies the time taken, the fee-earner and the activity.

Where we are instructed to undertake the full administration of a complex estate, we charge on a time and value related basis. The value related charge reflects the importance of the matters we advise upon, the cost to us of professional indemnity insurance and the responsibility which the firm undertakes. The value related charge is calculated as a percentage of the value of the estate, following guidelines set down by the Court of Appeal. These guidelines are displayed below and on our website.  It is our current practise to apply a discount to the Court of Appeal figures of between 10% and 20%.

The Court of Appeal guidance as to how the charges relating to the value of an estate should be calculated is as follows:

The estate should be considered in two parts:-

(i)   The deceased’s residence (the value of the deceased’s home or as much of it as the deceased person owned if owned jointly)

(ii)  The rest of the Deceased person’s estate.

The appropriate percentages are as follows:-

(A)  Solicitor not acting as an Executor

(B)  Solicitor as Sole Executor or Joint Executor with another person

In the case of high value estates, the Court of Appeal set out that a regressive scale should apply. The figures provided by the Court cover a case where a Solicitor is acting as Executor and for comparison, we have extrapolated what the appropriate figure would be where a Solicitor is not appointed Executor.

Gross value of estate	Appropriate percentage where a Solicitor is appointed as an Executor	Appropriate percentage where a Solicitor is not appointed as an Executor
up to £1 million	1.5	1
£1 million – £3,999,999	0.5	0.3333
£4 million – £7,999,999	0.1666	0.1111
£8 million – £11,999,999	0.0833	0.0555
£12 million and over	0.0416	0.0277

Pricing Examples

The examples available on the menu tab below set out likely costs from the simplest of estates to the more complex high values estates.  As a team we have extensive experience across all these ranges.

Hourly Rates:

Details of the hourly rates of our fee earners are as follows:

Disbursements

In addition to our professional legal fees, there are additional costs payable to third parties for probate work which are known as ‘disbursements’. These can include the following, next to each of which we provide the current price as of May 2023:

Land Registry Title (electronic downloads): £3 each. VAT would only be applicable if legal advice on the Title is given.

Chartered Surveyor property reports (these may be required to value the property of a deceased person): These will vary and an individual quote should be obtained from a qualified chartered surveyor. In our experience, the survey will range from approx. £300 to £600 plus VAT

Probate Registry Application Fees: This may be required if we apply to the Probate Court for a Grant of Representation. A Grant of Representation may be required to administer the assets of the deceased person. The current Court fee is £273. No VAT is applicable to this fee.

Sealed copies of the Grant of Representation: If a Grant of Representation is required (see above), sealed copies will be provided by the Court at a cost of £1.50 each. No VAT is applicable to this cost.

Legal Notices: It may be appropriate to publish statutory notices inviting creditors of the estate to come forward. These notices will vary in cost depending on where they are placed (e.g.: local newspaper, etc). In our experience, notices cost on average £210 plus VAT.

Our conveyancing charges will be a separate fee in addition to the administration costs and these are available on our on-line quote generator

 Simple estate administration quote

 Complex estate administration quote

 Highly-complex estate administration quote

An instruction to advise on such a matter will be dealt with by one or more individuals in our Business Services Team.  The principal fee earner in the team dealing with such matters are Richard Moore.

Straightforward and complex cases

 The reason for non-payment of bills may be simple or complex.

At Temple Heelis we have developed a fixed price scheme for simple cases, by which we mean those where there is no real dispute with the client’s customer, just a failure to pay.

the fixed price schemes will not, however, be suitable where the reasons for non-payment are complex.  Complex reasons would include the following:-

• A disagreement as to the identity of the customer or customers.
• A challenge to the quality of work or goods delivered.
• A dispute as to the delivery or quantity of the goods/services delivered, including a disagreement as to the passing of any risk.
• A disagreement about the amount charged or the basis on which the invoice was raised.

 Fixed Fee

In complex cases, we will offer a range of bespoke fee options including fixed fees and capped fees where appropriate.

Where hourly rates are to be applied, the current rate for our team are as follows:-

We will deal with drafting contracts, policies and procedures for employers and offer an annual retainer as an option for helping business deal with most day to day queries.

We also offer a variety of alternative and bespoke fee arrangements for each of our business clients.

For individuals we offer a free initial consultation by telephone or at a meeting.

Straightforward case (1 day hearing):

Up to £4,000 – £5,000 (plus VAT)

Complex case (2 – 4 day hearing):

Up to £6,000 – £7,000 (plus VAT)

Highly complex case (5 – 7 day hearing):

Up to £7,500 – £12,000 (plus VAT)

Some of the factors that may make a case complex or potentially highly complex would include:-

1. Allegations of discrimination.
2. The number and type of witnesses.
3. The range and complexity of relevant records/documentation.
4. Whether there are any complex preliminary issues (e.g. Has the claim been brought in time?).
5. If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim.
6. Defending claims that are brought by litigants in person, or making claims against litigants in person.

In addition there will be a further charge for attending a Tribunal hearing of between £800 and £1,000 plus VAT per day. This would not include any Barrister’s fees or travelling expenses.

Disbursements

Disbursements are items that are payable to third parties to progress the matter.

In unfair and/or wrongful dismissal cases disbursements are likely to be limited to Barrister’s fees (if a Barrister is required) and, occasionally, in cases where there may have been an impact on a person’s health, medical records fees and the like.

Brief fees payable to a Barrister depend on the seniority of the individual selected and on the complexity of the matter and can vary significantly.  We would discuss and agree any Barrister’s fees with you before committing our client to that expense.

Any fees paid to barristers would incur VAT at the applicable rate and would be specified in the fee quote before committing our client to that expense.

Key Stages

 The fees set out above cover all of the work anticipated in relation to the following key stages of a claim:

• Taking your initial instructions.
• Reviewing available papers at the outset and advising you on merits.
• Advising from time to time and as early as possible on likely levels of compensation.
• Entering into pre-claim conciliation via ACAS, where this is mandatory.
• Preparing a claim form or the response to a claim form.
• Reviewing and advising on the claim or response from the other party.
• Exploring settlement and negotiating settlement throughout the process.
• Preparing or considering a Schedule of Loss and evidence in support.
• Preparing for and attending a preliminary hearing.
• Exchanging documents with the other party and agreeing a bundle of documents.
• Taking witness statements, drafting them and agreeing their content with them.
• Finalising the bundle of documents.
• Reviewing and advising on the other party’s witness statements.
• Agreeing a list of issues, a chronology and/or cast list.
• Preparation and attendance at final hearing including instructions to counsel, if required.

The stages set out above are an indication of work typically required.  If some stages are not required, or if they are dealt with very quickly the fees will reduce.

Also, there may be stages in the proceedings that the client wishes to handle themselves to reduce costs and this can be discussed from time to time.

How long will the matter take?

 An Unfair and/or Wrongful Dismissal claim will generally take a number of weeks to resolve.  If settlement is reached during pre-claim conciliation the claim can be resolved within as little as 4 weeks from the start of our instructions.

However if a claim proceeds to a final hearing the case is likely to take between 6 and 12 months but this is just an estimate as this depends on a variety of factors including witness availability, the estimated length of hearing and the availability of Tribunal time.

Our pricing for other Employment Law instructions

We will try to offer a fee proposal tailored to the needs and resources of clients and their particular instructions.

We will consider offering fixed or capped fees.

Hourly rates may apply in certain circumstances.  Details of the hourly rates of our fee earners as currently charged are as follows:-

Stage 1: Service of appropriate notice on your tenant

Stage 2: Preparing and issuing possession proceedings

Stage 3: Instructing a bailiff to forcibly evict your tenant

Stage 4: Recovery of any money judgment

Stage 1

 Our Stage 1 service will include:-

• A one to one discussion with you about your tenant and the reason why you are seeking to recover possession of your property (e.g. Tenant default, unpaid rent, disrepair, nuisance etc)
• Formulating a strategy for communication with your tenant if appropriate
• Drafting and serving the most appropriate form of notice seeking possession
• Calculating exactly what you can claim (including interest)
• Dealing with any response from your tenant, or reporting back following expiry of notice

Stage 1 – Fees

£400 plus VAT

Stage 2

If you wish the matter to proceed beyond Stage 1, for example if your Tenant has not remedied their default or has not vacated, at Stage 2 we will:-

• Review your tenant’s actions to date and reason for ongoing occupation
• Upon expiry of the notice, prepare court possession proceedings and all supporting paperwork
• Arrange for the papers to be issued with the court and served upon your tenant
• Report back on time frame
• Prepare witness statements
• Serve witness statements and file at Court
• Attend at any Possession Order hearing (including pre-hearing preparation)
• Advise of the outcome to the process and next actions (if required)

Stage 2 – Fees

£1100 plus VAT (plus Court fees)

At the end of Stage 2 you will have a Possession Order and, in some cases, a monetary judgment that you can enforce.  If your tenant does not leave the property or does not pay what is owed then you will need to consider whether to take enforcement action to recover possession (stage 3) and/or your money (stage 4).

Stage 3 – Recovery of property

If your tenant has not left the property, you will need to instruct a Bailiff to forcibly evict.

At this stage we will:-

• Assess information gathered during Stage 1 and Stage 2
• Advise on the best option(s) for enforcement
• Proceed with enforcement and provide you with regular updates
• Keep matters under regular review to assess progress on recovering your property and any associated monies

Stage 3 – Fees

£400 plus VAT plus Bailiff fees

Stage 4 – Recovery of money judgment

Once you have recovered possession of your property it will be clear how much money is also owed to you.  We will assess what monies are recoverable and by what process.  We will advise you on enforcement options and pursue the most effective option available to you if it appears to be proportionate and commercially sensible.

Stage 4 – Fees

£350 plus VAT (plus Enforcement fees)

Please note that you can decide whether to deal with one or more stages of this process yourself, e.g. you may instruct us simply at the beginning of Stage 2, or at Stage 3.  The choice is yours.

Stage 1:  £400 plus VAT

Stage 2:  £1100 plus VAT (plus Court fees)

Stage 3:  £400 plus VAT plus Bailiff fees

Stage 4:  £350 plus VAT (plus Enforcement fees)

We will notify clients of any third party fees which are subject to VAT when providing our fee quote.