Likely Solicitors Fees

Grumpelstiltskin

caveman38 said:

I'm afraid I don't know any details re. the solicitor or his fees. I just wanted confirmation that if he works on percentage then that would only be on his monies etc. and the house wouldn't be included. 
Thanks again.

As explained in the post above this it will depend on whether it was joint tenants or tenants in common.

Marcon

caveman38 said:

With the little knowledge that I had, I informed her that it was likely to be approx. 2% of the total amount of the estate. With the value of the house included that would amount to an eye watering amount. However, I have since read that the value of a jointly owned house is not included in the final total amount. Is that correct and his only involvement in that side of things is the dealings with Land Registry and nothing else. 
If I am correct the final fee would be a couple of thousand pounds rather than 10. 
Can anyone advise please.

Not sure where you got the 2% from, but there are normally two components: fixed costs (usually the application fee for probate of £155) + variable costs which can be anything between 1%-5% + VAT, unless a different charging method (e.g. time cost) was agreed at the outset.

caveman38 said:

I'm afraid I don't know any details re. the solicitor or his fees. I just wanted confirmation that if he works on percentage then that would only be on his monies etc. and the house wouldn't be included. 

It will depend on what was agreed when the solicitor was instructed. Are you sure there wasn't a client care letter setting out the basis of the fees which would be charged? 

caveman38

When I next speak to her. I will ask her many of the questions above. I was guessing on what I thought may be the figure he will charge to give her some idea. The solicitor is the same one they have had for 30 years and I assume because of the lockdown etc. he was instructed by phone and not much discussion went into costs. It was something that had to be done and it is now only become a topic to talk about as she believes it is near completion.
I am almost certain that they has the house as joint ownership and not tenants in common. There is nothing that can be done now in any case and just preparing her for what is likely to be the fee. 

Marcon

caveman38 said:

When I next speak to her. I will ask her many of the questions above. I was guessing on what I thought may be the figure he will charge to give her some idea. The solicitor is the same one they have had for 30 years and I assume because of the lockdown etc. he was instructed by phone and not much discussion went into costs. It was something that had to be done and it is now only become a topic to talk about as she believes it is near completion.
I am almost certain that they has the house as joint ownership and not tenants in common. There is nothing that can be done now in any case and just preparing her for what is likely to be the fee. 

At the risk of stating the blindingly obvious, if she's fretting about it, the best idea is surely to ask the solicitor now if he could confirm roughly what the final fee is likely to be.

caveman38

She isn't fretting about the fees. When I said she was concerned, perhaps I should have said she wondered what they'd be. It was perhaps my thought that I mentioned that the house may be included. Now I have found that they will not, then that will make them a lot less than I thought and will tell her that. That was the main concern. Thanks again , I think we are a lot more informed and ready.

Marcon

caveman38 said:

She isn't fretting about the fees. When I said she was concerned, perhaps I should have said she wondered what they'd be. It was perhaps my thought that I mentioned that the house may be included. Now I have found that they will not, then that will make them a lot less than I thought and will tell her that. That was the main concern. Thanks again , I think we are a lot more informed and ready.

The problem is that you don't know that because you don't know the basis on which the solicitor is acting. The confident assertions above that 'jointly owned property isn't included' aren't quite right. If you want it in black and white, then see (for example) https://www.palmers.co.uk/probate-fees.html and you'll scroll down to the following:

Full Administration

If we are instructed to deal with obtaining the Grant of Probate and the subsequent administration of the estate, our fees would be in the region of 1-3% of the gross value of the estate, including the share of joint property.

Flugelhorn

they may have transferred the property into her name at the LR - and charged for doing so