Grant of Probate Charges

[jasperlad]

My Solicitor is claiming fee of 1% of the estate value on top of the actual charges charge claiming it is because of the important nature of the work. Is this usual or am I being ripped off as I feel I am?

[Barmaid]

Not quite so straightforward, if you provide the following information I can probably help.

Who is the executor? You? You and a solicitor in the firm? A solicitor only?

What did you receive in terms of fees information beforehand? Did you receive a "Client Care Information Letter?". What did it say?

Sorry to be so pedantic, but this matter, there have been a couple of cases over the last few years on this but the exact status matters.

[Barmaid]

Oh and is this just for obtaining the Grant or for administering the estate?

Has the work already been done?

[jasperlad]

The executors of the Will is myself and two other family members. not the solicitor. We had asked them to apply for Grant of Probate only and we would administer the estate ourselves when this was issued. We have only received a letter from the solicitor 'terms of engagement' stating �160 per hour to carry out the work, but also the additional charge of 1% of the gross value of the estate becuse of the important nature of the work. I have to say we were told in the letter, but prior to having them do the work I really need to know if this additional charge is usual. Some suggest its not and other solicitors will not comment.

[Barmaid]

In that case, no it is not usual. All they need to do is write to the asset holders and creditors and assess the value of the estate, calculate any IHT due and then prepare the documents for a Grant (and oath and IHT account). Sounds ridiculous. I would strongly suggest you go somewhere else. You should be able to get someone to do it on a pure hourly rate basis only. Lets face it, if the estate is worth �1m, they will be paid �10k for filling in a few forms. Go elsewhere.

[themas]

I fully agree with Barmaid. It's an outrageous example of a solicitor on the make.

[jasperlad]

Thank you so much for your views. I had felt advantage was being taken of at a time of loss. I will tak eyour advices and look elsewhere. Or even look at handling directly my self which seems reasonably straight forward. Again many thanks

[anniebird]

You do not have to use a solicitor. The forms are straight forward and just require you to list all assets and liabilities of the deceased. Then you and the other executors attend the Probate Office for a short interview to take the Oath. If IHT is payable that will need to be settled first but there is nothing difficult about the procedure so save your money.