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Yes they can give you a quotation

Probate solicitors traditionally refuse to give an estimate for the cost of probate fees before they start work. They will tell you that they cannot possibly know how much work will be involved until they have more details about what assets and liabilities are included within the estate. By this time of course you will be committed to using them. In most cases this is complete nonsense. By spending 10 minutes or so asking some carefully chosen questions it perfectly possible for an experienced probate practitioner to gather enough information to give an estimate that is accurate in 99% of all cases. So what questions should you be asked and what impact will your answers have on the final bill for administering the estate?

The first prerequisite is to find out whether the deceased left a valid will. If they did not then the estate will be divided according to the laws of intestacy which is often simpler than the administration of a complex will. The second thing to establish is the number of beneficiaries. Every beneficiary has the right to be copied in on all the solicitors’ correspondence and this will have an impact on the price quoted.

The third thing to establish is how many assets there are in the estate. Every bank account, shareholding, property, life insurance policy, pension and other asset will need to be valued at the date of death and sold. The more assets there are the higher the bill will be. The fourth thing to establish is the number of liabilities. Obviously an estate with lots of debts to settle will take longer to administer than an estate with none.

The above details are enough to give an actual quotation in the great majority of cases. More complex estates might include business assets, farmland or trusts but even in these cases an extra few minutes questioning should be sufficient to give an accurate quotations.

You wouldn't order a meal at a restaurant without knowing how much the food was going to cost and exactly the same rule should apply when you are employing a probate lawyer. It is high time that the ridiculous practice of refusing to give a quote was ended forever.

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An end to percentage based probate fees

Most probate solicitors calculate their fees at £x a per hour plus  a percentage of the value of the estate. We feel that this charging basis is fundamentally unjust.

The first problem is that the rate per hour is calculated at the partners charge out rate typically £200 per hour for an established provincial firm. The catch of course is that most of the work is not undertaken by the partner but by an assistant who is probably paid less than £10 per hour.
The second problem is that a chargeable hour is very often not made up of 60 minutes. Many legal firms bill their time in units of 1/10th of 1 hour i.e. there is a minimum charge of 6 minutes. We dealt with a case recently where a client had been charged £72 for 3 unsuccessful phone calls i.e. the recipient of the call did not answer their phone on 3 occasions. This is an outrageous consequence of the result of the 6 minute billing method.

The greatest scandal though is the imposition of an additional charge calculated as a percentage of the value of the estate. The exact percentage varies from one firm to another but a charge of 1% is fairly typical. It takes a probate solicitor exactly the same amount of time to correspond with a bank to close an account regardless of where there is a balance of £1000 or £1 Million. What possible justification can there be for charging one client £10 and the other £10,000 for carrying out exactly the same job of work.

In our opinion percentage based probate fees are wholly unjust and we would like to see the law society change its practice rules in order to discourage their use.

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Banks over charge the dead

The standard charge that banks make to obtain probate and administer a deceased estate is according to their own websites around 4% of the value of the estate. In our both opinion the size of the fee and the method by which it is calculated are completely indefensible.

Take an extreme example where a person dies leaving £1 Million in a single bank account, no other assets and no other debts. The money is all to go to a single beneficiary. The amount of work necessary to administer this very simple estate would be a maximum of 5 hours for which a fair charge would be perhaps £2,500. The bank would charge £40,000. It's outrageous but if the banks are appointed as an executor then there is nothing that the beneficiaries can do to stop this.

What really sticks in the throat though is that many banks don't even carry out the probate work themselves. They subcontract it to outside probate providers who typically charge them fees of 1% or less. This mean they are making a 400% profit margin.

The current system is unjust, unfair and unsustainable. It is high time that it was stopped but in an age where several of the high street banks are owned by the government who will have the courage to deal with it?

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