Haworth Brotherton Solicitors
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Conveyancing & Probate fees

Our team

We have four Solicitors who are all Partners at the firm, all of whom have considerable experience in dealing with the work we undertake. 

They are:-

  • Christopher Russell Haworth – Partner

  • Andrew Michael Brotherton – Partner

  • Janet Soliman – Partner

  • Anthony John Davis – Partner

CONVEYANCING – How much will it cost?

Residential property transactions can be difficult to accurately price as the precise stages involved in each and every transaction vary according to the circumstances.  We are committed to providing you with the best possible information about the likely overall cost of your matter, both at the time of engagement and when appropriate as the matter progresses.  It is often the case that something arises during the course of the transaction which could not have been anticipated at the outset.

We discuss every transaction with you to understand the scope of the work we anticipate we will be required to undertake.  The estimate of our fees will be based on the information you give us at the start.  The more information you can provide, the more accurate the estimate will be.

We are committed to giving you the right information at the right time to help you make informed choices about the legal services you need – including an understanding of what the costs might be.  To help you with this we provide you with general information about our services and the prices we charge for them.  However at the very start of your transaction we will provide you with a written estimate of costs which will take into account any relevant information we have gathered during our discussions and which aims to reduce the possibility of extra costs arising during the course of the transaction.

Haworth Brotherton Solicitors have held the Conveyancing Quality Scheme accreditation administered by the Law Society which is a nationally recognised quality standard for residential conveyancing Solicitors since January 2012.  Your transaction will be dealt with by a Solicitor experienced in all aspects of property law.

Costs of purchasing a residential property

Legal fees: £350.00 - £1,500.00 + VAT

What is included in the price?

The exact stages involved in the purchase of a residential property will vary according to the circumstances.  Some of the likely key stages of our work will involve the following:-

  • Complying with Law Society and Government regulations including client identification procedures

  • Communicating with the Solicitor and estate agent (if any) acting for the seller

  • Receiving the Contract documentation and reviewing those pages in detail

  • Arranging searches and considering the results

  • Preparing a list of questions to be put to the seller arising out of the documentation provided

  • Submitting standard and additional enquiries to be put to the Landlord/managing agent (if applicable)

  • Negotiating the draft Contract prepared by the seller’s Solicitor and reporting to you with regard to the Contract terms

  • Reporting to you with regard to the legal and associated matters affecting the property, including the Lease and freehold financial arrangements (if applicable)

  • Considering the mortgage lenders instructions, reporting relevant matters to the lender and ensuring compliance with its requirements (if applicable)

  • Reporting on the Contract and arranging for it to be signed and providing instructions for payment of the deposit

  • Obtaining authority to exchange, exchanging contracts with the seller’s Solicitor and paying over the deposit

  • Drafting the Land Registry Transfer and carrying out pre-completion searches

  • Reporting to the lender and requesting the mortgage funds in accordance with the lenders requirements (if applicable)

  • Preparing a financial statement, calculating the balance required to complete and providing instructions for payment of funds

  • Completing HMRC Return SDLT1 for payment of Stamp Duty Land Tax (and assuming the calculation of the SDLT liability is straight forward), reporting on the Return and arranging for it to be signed (if necessary)

  • Obtaining the mortgage funds from the lender (if applicable)

  • Sending the completion monies to the seller’s Solicitor on completion and finalising completion

  • Obtaining the completion documents from the seller’s Solicitor

  • Serving Notice of Transfer and Notice of Charge on Landlord/managing agent (if applicable)

  • Submitting HMRC Return SDLT1 to HMRC

  • Submitting the Land Registry application and advising all relevant parties when it has been completed

  • Dealing with the lenders standard post completion requirements (if applicable)

What Factors can affect the conveyancing costs?

The fees set out in the table above could be affected by the following:-

  • The transaction involves any un-registered land

  • There are multiple titles

  • The property is freehold or leasehold

  • We will be acting for a mortgage lender or dealing with a separately represented lender’s Solicitor

  • The lenders instructions to us and its requirements are none standard

  • The transaction involves a purchase of part of the legal title

  • The complexity of the legal title

  • There is a short deadline for exchange/completion

  • The Contract is to be conditional

  • Additional work is required to perfect a defect in the legal title or otherwise satisfy a mortgage lenders requirements

  • Completion does not take place on the contractual completion date or there is another breach of the Contract by either party

What additional charges may there be?

There will be some expenses related to your conveyancing transaction which will be payable to third parties.  These are often referred to as disbursements and include fees payable to the Land Registry, local authorities and search providers.  We will include details of the likely expenses in your written estimate at the start of the transaction and although the amount of these expenses will depend on the property and the transaction, they can include the following :-

How long does it take?

How long it will take from your offer being accepted until you can move into your house will depend on a number of factors.  The average conveyancing takes between 4 – 8 weeks if the matter proceeds smoothly.  Completion, is of course, dependent on individuals involved in the transaction, especially where there is a chain.  If you have a preferred date for exchange or completion we shall endeavour to meet that date.  However, we are not always able to influence other parties in the transaction and unforeseen complications and delays can arise.

Costs of selling a residential property

Legal fees: £350.00 - £1,500.00 + VAT

What is included in the price?

The amount of time spent on each stage of the process will depend on the complexity of the sale and typically this will involve:-

  • Complying with Law Society and Government regulations including client identification procedures

  • Obtaining the information we need including a list of fixtures and fittings in the property and replies to the Law Society’s Property Information Form

  • Liaising with the Landlord/managing agents and obtaining management information from them (if applicable)

  • Reviewing all papers, preparing the sale Contract and sending it to the buyer’s Solicitor with the legal title of the property and initial information

  • Corresponding with the buyer’s Solicitor and the estate agent (if any)

  • Dealing with enquiries raised by the buyer’s Solicitor in negotiating the terms of the Contract

  • Reporting to you on the Contract and arranging for it to be signed when it has been approved by the buyer’s Solicitors

  • Exchanging Contracts with the buyer’s Solicitor and receiving the buyers deposit

  • Obtaining a redemption statement from your lender confirming the amount to be repaid on completion of the sale (if applicable)

  • Obtaining the estate agents commission account

  • Informing the parties of the arrangements for completion of the sale

  • Preparing a financial statement showing the net sale proceeds

  • Receiving the money for the sale from the buyer’s Solicitor and confirming to all parties when completion has taken place

  • Repaying the mortgage out of the sale proceeds by bank transfer on obtaining evidence of repayment (if applicable)

  • Sending the completion documents to the buyer’s Solicitor, paying the estate agents commission and transferring the sale proceeds

What Factors can affect the conveyancing costs?

The fees set out in the above could be affected by the following:-

  • The transaction involves any un-registered land

  • There are multiple titles

  • The property is freehold or leasehold

  • There is mortgage to redeem (or more than one)

  • The transaction involves a sale of part of the legal title

  • The transaction involves an agricultural or equine aspects

  • The Contract is to be conditional

  • Consent to the sale is required from the third party

  • The complexity of the legal title

  • There is a short deadline for exchange/completion

  • Completion does not take place on the contractual completion date or there is another breach of the contract by either party

  • Additional work is required to perfect a defect in the legal title or otherwise satisfy a mortgage lender’s requirements

What additional charges may there be?

There will be some expenses related to your conveyancing transaction which will be payable to third parties.  These are often referred to as disbursements and include fees payable to the Land Registry, local authorities and search providers.  We will include details of the likely expenses in your written estimate at the start of the transaction and although the amount of these expenses will depend on the property and the transaction, they can include the following:-

  • Land Registry fee for downloading an official copy of the title and supporting title documents

  • Copy Planning/Building Regulations consents

  • Indemnity Insurance

  • Management Company Administration fees      

     

How long does it take?

A straight forward transaction should exchange Contracts within 4 - 8 weeks of the sale being agreed if the matter proceeds smoothly.  Completion, is of course, dependent on individuals involved in the transaction, especially where there is a chain.  If you have a preferred date for exchange or completion we shall endeavour to meet that date.  However, we are not always able to influence other parties in the transaction and unforeseen complications and delays can arise.

 

WILLS

For a basic will we charge a fee of £100 plus vat. For Basic ‘mirror wills’ for couples we charge a fee of £150.00 plus vat. Further charges may apply if several certified copies of the will(s) are required.

A complex will (for example, one creating a trust – or several trusts - or involving estate and/or tax planning) is likely to require a bespoke service and costs estimate. If this is the case we would advise you at the time of taking your instructions that the basic will fee will not apply and that the cost of the will(s) would be based on the time required to complete the instruction. Only work completed by a Partner will be charged to your file and our Partners charge an hourly rate of £195.00 plus vat.

Timescale

A basic will requires only several weeks to complete. Complex wills may require longer.

PROBATE

Every estate is unique and the service we provide on every matter will be tailored to your requirements. For this reason, we do not provide fixed fees. The cost of our probate services has two main aspects: our professional fees, which are based on the amount of time we spend working on your or the estate’s behalf and, disbursements. Only work completed by a Partner will be charged to your file and our Partners charge an hourly rate of £195.00 plus vat.

Disbursements are fees charged by third parties for services they provide. Both our professional fees and disbursements vary on a case by case basis.

Our probate services usually fall into two categories:

  1. Obtaining the Grant of Probate only (‘Grant only’); or

  2. Obtain a Grant of Probate and administering the estate

If you are unsure what you need assistance with, we would be pleased to hear from you in order to discuss your specific requirements.

Where there is no will, different rules govern how the estate’s assets are distributed; we would need to discuss the estate and your requirements in more detail before providing an indication of the likely costs.

Grant only

If you need assistance in obtaining the Grant of Probate only, our professional fees are likely to be £495.00 plus vat. This will include the initial consultation and taking your instructions throughout, completing the necessary documentation, probate oath and making the application to the Probate Registry on your behalf. It will not include dealing with issues not directly related to obtaining the Grant of Probate or dealing with tax on the estate. If there are complications with the will, estate or executors, we may need to charge more.

There will also be disbursements, usually as follows:

  • Oath fees: £5.00 plus £2.00 for each exhibit (usually just one – the will) per individual Oath

  • Court fee: Currently £155.00 plus 50p for each extra copy of the Grant

Further disbursements may be required. If that is the case, we will let you know.

Grant of Representation and Administration of the Estate

The overall costs of administering an estate vary significantly depending on the following factors:

  • One or several Partners of Haworth Brotherton are acting as executors

  • Complexity of the will and any challenges on the validity of the will or specific gifts

  • Size of the estate and number of separate assets and accounts involved

  • Number of executors named in the will

  • Number of beneficiaries named in the will

  • Number of lifetime gifts made by the deceased

  • Debts or liabilities on the estate

  • Charity involvement

  • Any disputes or unexpected claims on the estate (not dealt with in the will)

  • Taxation issues – and the amount of dealings with HMRC

  • Liaising with valuers and other professionals (Accountants, for example)

  • Land Registry involvement

Our professional fees for administering an estate are based on a time charged basis (i.e. how long we spend working on your behalf) and an estate value element – usually (but not always) added at the end of the administration of the estate. This can range from 0.5% to 1.0% of the value of the asset. If one of the Partners is named in the will (or acting) as an executor, this is likely to increase to 0.75 to 1.5%. We will advise what we estimate the value element to be close to the outset, once we understand more about the estate and its assets.

If the estate does not attract any tax, the costs are likely to be in the region of £1,000-£6,000 plus vat for our fees, plus disbursements. If you wish for us to provide a more accurate estimate of the costs at the outset or during the matter from time to time, we will be pleased to provide this upon reasonable notice.

Due to complexity and time requirements, if the estate is likely to attract tax charges the costs of our fees for obtaining the Grant of Probate and administering the estate are likely to increase – usually into the region of £3,000-£10,000. Extremely complex or valuable estates and/or tax arrangements can exceed this.

Disbursements are as above with ‘Grant only’, plus the following, if required:

The information above is not exhaustive; there may be issues which cause our professional fees and disbursements to vary (up or down).

Conveyancing work in relation to land owned by the estate will be charged in addition to the fees for obtaining the Grant of Probate and administering the estate.

Other situations

It may be that you need advice on whether a will is valid, or how a will or the terms of any trust created by the will should be interpreted. The costs of this and any other issue(s) not directly related to obtaining the Grant of Probate or administering the estate will vary on a case by case basis and will always be commensurate with the complexity and time requirements of dealing with the matter on your or the estate’s behalf.

Timescale

Probate matters always vary in timescale. As a guide, it usually takes between 4-6 months before the grant of probate can be applied for, plus 2-4 weeks for the grant of probate to be issued. Complex and/or high value estates can take significantly longer.