Windeatts Solicitors

CHARGES

Our costs

Costs

Our charges for the service to you.  Our charges will be subject to VAT.

Disbursements

A fee we pay on your behalf as part of the service.  Some disbursements will be subject to VAT but the majority will not.

Additional and abortive costs and disbursements

We will be clear from the outset which costs and disbursements you will incur and which will be subject to VAT.  Depending on the type of work, you will either receive a fixed fee quote or details of our hourly rates.  If it becomes apparent that there are unforeseen circumstances in connection with the transaction, we may have to increase our charges.  If that is the case, we shall inform you before we incur any additional costs.  If, for any reason, the transaction is aborted, there will be a charge for the work undertaken up to the point we are informed that the transaction is no longer proceeding. 

Personnel Information

Property

Name Qualification Date of Qualification Hourly Rate

Matthew Clarke (Head of Department) Solicitor 15/11/1989 £235

Tony Osborne Solicitor 16/12/1974 £235

Virginia Elliott Solicitor 30/11/1974 £235

Anthony Prowse Solicitor 15/06/1971 £235

Paul Edgecombe Solicitor 17/01/2005 £235

Mary-Jane Bayliss Solicitor 15/09/2005 £235

Rebecca Lacey Solicitor 03/10/2016 £180

Julie Tedder Licensed Conveyancer 01/09/2007 £195

Jo Ponsford Licensed Conveyancer 01/11/2008 £195

PRIVate Client

Name Qualification Date of Qualification Hourly Rate

Chris Kendall (Head of Department) Solicitor 15/11/1995 £235

Felicity Perraton Solicitor 16/01/2017 £180

Leah Harper Solicitor 17/09/2012 £235

Dee Willcocks C.Legal Executive 31/01/2012 £195

LITIGATION

Name Qualification Date of Qualification Hourly Rate

Fiona Hughes (Head of Department) Solicitor 02/09/2002 £235

Selina Hext Solicitor 01/11/1999 £235

Sarah Long C.Legal Executive 13/06/2017 £180

Richard Wing Trainee Solicitor N/A £130

Our hourly rates

£235 for a Partner or Senior Solicitor (of more than 8 years’ experience)

£195 for a Solicitor, Legal Executive or Licensed Conveyancer (of more than 4 years’ experience)

£180 for a Solicitor, Legal Executive or Associate/Graduate Member of the Chartered Institute of Legal Executives (of less than 4 years’ experience)

£130 for a paralegal

If for any reason it is necessary for us to expedite work on your file due to Court deadline dates or other time limits; which would involve placing your work in priority to any other clients in order to meet deadlines (which may involve working evenings or weekends) we then have the discretion to charge a higher charge out rate.  This will require your agreement.

Residential Conveyancing

Our residential conveyancing charges start from £775+VAT  The final quote will depend on the value of the property and the complexity of the transaction.  We would warn you that there are some charges made by others which we will not be able to ascertain until we are instructed and make the necessary enquiries. We will inform you as soon as possible once we know these additional charges. For example, the obtaining of a management pack from the freeholder when selling a leasehold property.

Residential Sale

Property sale price Our charges

£ 0 - £125,000 £775+VAT

£125,000 - £250,000 £830+VAT – £975+VAT

£250,001 - £400,000 £975+VAT – £1,195+VAT

£400,001 - £500,000 £1,195+VAT – £1,345+VAT

£500,001 - £650,000 £1,345+VAT – £1,480+VAT

£650,001 - £800,000 £1,480+VAT – £1,600+VAT

£ 800,001 - £1,000,000 £1,600+VAT – £2,500+VAT

£1,000,001 plus £2,500+VAT plus

Additional charges on a residential sale

£150+VAT if the property is leasehold

£100+VAT for a Statutory Declaration/Arranging bespoke insurance

£100+VAT if you have a second mortgage or a Help to Buy loan

£30+VAT for each CHAPS transfer (We do not charge for BACS payments)

£20+VAT for the Land Registry and Compliance charge (this may increase if you need additional Land Registry searches)

Management packs are sometimes required when dealing with a leasehold property or a house on an estate. These are obtained from the managing agents or the management company who will charge a fee. Their fee can vary but you should budget on a fee of approximately £300.

Residential Purchase

Property purchase price Our charges

£ 0 - £125,000 £825+VAT

£125,000 - £250,000 £850+VAT – £1,000+VAT

£250,001 - £400,000 £1,000+VAT – £1,150+VAT

£400,001 - £500,000 £1,150+VAT – £1,350+VAT

£500,001 - £650,000 £1,350+VAT – £1,500+VAT

£650,001 - £800,000 £1,500+VAT – £1,675+VAT

£ 800,001 - £1,000,000 £1,675+VAT – £2,100+VAT

£1,000,001 plus £2,500+VAT plus

Additional charges on a residential purchase

£175+VAT if the property is leasehold

£100+VAT for a Statutory Declaration/Arranging bespoke insurance

£200+VAT if you have a second mortgage or a Help to Buy loan

£50+VAT if you have a Help to Buy ISA

£30+VAT for each CHAPS transfer (We do not charge for BACS payments)

£20+VAT for the Land Registry and Compliance charge (this may increase if you need additional Land Registry searches)

Our charges for the searches for an average residential purchase will be approximately £360 including VAT. We request £360 on account at the beginning of the transaction to cover the cost of the searches.

When dealing with the purchase of leasehold properties it is quite common to have to enter into a Deed of Covenant with the Landlord or the Management Company as well as serving notice of the transaction on the landlord. This can result in increased charges payable to the management company or managing agents and you should allow approximately £200 to deal with this.

Stamp Duty Land Tax (SDLT) can be calculated by visiting the link below. We will submit this on your behalf as part of our service to you. https://www.tax.service.gov.uk/calculate-stamp-duty-land-tax/#/intro

Your Land Registration fee can be calculated by visiting the links below. We will submit this on your behalf as part of our service to you. https://www.gov.uk/guidance/hm-land-registry-registration-services-fees

http://landregistry.data.gov.uk/fees-calculator.html

Commercial Property

Please contact our commercial property lawyers setting out your requirements and we can then give you a competitive estimate.

Estate Administration

The cost of administering the estate of someone who has died will of course vary greatly according to many factors, for example

• what is in the estate

• how many beneficiaries there are and whether they get on with each other

• whether Inheritance Tax is payable

• who the executors are and how much help they are prepared or able to give

A more complex estate could therefore easily cost ten or more times to administer than a simple one. We always charge by reference to the time spent by our lawyers rather than a percentage of the estate because we feel it is fairer, and invariably cheaper. Organisations that charge a percentage of the estate will often decline to act in small estates, or may make additional charges where complexities arise.

The information below gives an indication of our likely charges in two scenarios – for acting for the executors of a relatively simple estate, and for where we are asked only to assist with the court application to obtain a Grant of Probate.

Full estate administration

We anticipate this will take between 8 and 10 hours work at £235 plus VAT per hour for a Partner or Solicitor of 5 or more years’ experience, or at £180 plus VAT per hour for a Solicitor or Legal Executive of less years’ experience. Total legal fees therefore estimated at £1,440 plus VAT to £2,300 plus VAT.

The work we do for you includes:

• Writing to banks and financial institutions to notify them of the death and obtaining valuations

• Liaising with valuers of the family home and contents

• Contacting the beneficiaries to tell them of their entitlement under the Will

• Preparing a schedule of the assets and liabilities of the estate for the executors and beneficiaries

• Carrying out bankruptcy searches against all beneficiaries

• If required to do so advertising for creditors

• Preparing and submitting the Inheritance Tax Return of Estate Information form (IHT205)

• Preparing and submitting the court application for the Grant of Probate

• After receiving the Grant of Probate closing the bank accounts

• Paying outstanding bills

• After the sale of the house dealing with final utility bills and cancelling the insurance

• Preparing estate accounts for the executors and on approval for the beneficiaries

• Distributing the estate

This estimate is for estates where:

• There is a valid will

• There is no more than one property

• There are no more than five bank or building society accounts

• There are up to five beneficiaries

• There are no disputes between beneficiaries

• There is no Inheritance Tax payable and the executors do not need to submit a full account to HMRC

• There are no claims made against the estate

In addition to our charges there will be the following expenses:

• Probate application fee of £155 plus 50p for each copy required

• Bankruptcy-only Land Charges Department searches (£2 plus VAT per beneficiary)

• Advertisements for creditors - protects against unexpected claims from unknown creditors, approximately £200

Potential additional costs - If there is no Will or the estate consists of any shareholdings (including stocks and bonds) there are likely to be additional costs that could range significantly depending on type of investment 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.

How long will this take? - Typically, obtaining the grant of probate takes 2 to 3 months. Collecting assets then follows, which can take between 2 to 4 weeks for cash assets but an uncertain time for a property sale.

Obtaining a Grant of Probate only

We can help you by obtaining the Grant of Probate on your behalf, leaving the executors to provide the valuations and deal with the estate assets after the Grant. We charge a fixed fee of £395 plus VAT where there is no need to complete a full Inheritance Tax account. Where a full Inheritance Tax account is required our fees will vary upon the exact circumstances, and whether Inheritance Tax is payable, but they are usually around £750 plus VAT.

This includes

• Providing the executors with details of what information they need to provide

• On receipt of that information preparing and submitting the Inheritance Tax forms and court application for the Grant of Probate

• Providing the Grant of Probate (and copies) to the executors

On average, the Grant of Probate will be received in around 4 to 8 weeks of the executors providing the information required, depending on whether or not a full Inheritance Tax account is required and tax is payable.

Wills

In all cases prices are exclusive of VAT which will be charged at the standard rate.

Starting price for a simple Will dealt with by one of our qualified lawyers

• 1 person - £175

• A couple – £250

Extra charges:

• Having your Will written and signed within 3 days of your appointment - £50

• Initial or multiple meetings to take instructions lasting more than 30 minutes in total (hourly rates apply)

• Fixed interest or Discretionary Trusts - From £100

• To create and register a ‘tenancy in common’ of jointly owned property - £75

• Home visit (within Totnes/Kingsbridge) - £20

• Home visit (outside Totnes/Kingsbridge) - Price by agreement

• Advice regarding business or agricultural assets, foreign assets, Inheritance Tax planning etc (hourly rates apply)

Many people want only a basic Will and so our charges for a simple Will are set at an affordable level. We believe that you should only pay for what you need.

Once we have met you and understood what you want to achieve, we’ll let you know the likely cost of your Will. If you do not want to go ahead, you can back out at that stage without any obligation on your part.

Wills can be updated as often as is necessary and the cost will reflect the nature of the change and any advice needed. As always, we will let you know the likely cost as soon as we can.

Lasting Powers of Attorney (LPAs)

In all cases prices are exclusive of VAT which will be charged at the standard rate.

There are two types of LPA

• A Property and Affairs LPA enables your attorney(s) to make decisions on your behalf about your property and affairs, including paying your bills, collecting your income and benefits or selling your house subject to any restrictions or conditions. It does not allow your attorney(s) to make decisions about your personal welfare.

• A Health & Welfare LPA allows your attorney(s) to make decisions on your behalf about your personal welfare, including whether to give or refuse consent to medical treatment on your behalf and deciding where you live.

Both types of LPA must be registered with the Office of the Public Guardian (“OPG”) and a fee paid to it before they can be used. Certain people qualify for a fee reduction or exemption.

Windeatts charges for preparing and registering LPAs are as follows (additional charges will be made to attend you out of the office):-

• one person one type of LPA £230 plus VAT to prepare and £70 plus VAT to register – total £300 plus VAT (plus £82 OPG fee)

• one person both types of LPA £300 plus VAT to prepare and £100 plus VAT to register – total £400 plus VAT (plus £164 OPG fee)

• a couple one type of LPA £300 plus VAT to prepare and £100 plus VAT to register – total £400 plus VAT (plus £164 OPG fee)

• a couple both types of LPA £500 plus VAT to prepare and £150 plus VAT to register – total £650 plus VAT (plus £328 OPG fee)

Civil Litigation

All work undertaken on your behalf will be dealt on an hourly rate basis at the rates shown at the top of this page.

Debt Recovery

Court Claims

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 of £360+VAT or an hourly rate if more extensive work is needed.

For Court fees, please go to https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50

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 Acknowledgement of Service or Defence is received, applying to the court to enter Judgement in default

•When Judgement 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 12 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 Judgement in default. If enforcement action is needed, the matter will take longer to resolve.

Family Law

All work undertaken on your behalf will be dealt on an hourly rate basis at the rates shown at the top of this page.