Fee guidance

Conveyancing: Fixed fee

We have set out below the typical costs which would be incurred assuming a purchase price of £300,000.00 for both a freehold and a leasehold property.  Please contact us for personalised quote for other values.

Purchase of a freehold residential property at £300,000.00

Our fees cover all of the work required to complete the purchase of your new home, including dealing with registration at the Land Registry and dealing with the payment of Stamp Duty Land Tax (Stamp Duty) if the property is in England, or Land Transaction Tax (Land Tax) if the property you wish to buy is in Wales.

 

Conveyancer’s fees and disbursements – Freehold property

• Legal fee £900.00
• Search fees £350.00 (estimated actual fee dependant on local authority)
• HM Land Registry fee £150.00
• Electronic money transfer fee £12.00
• VAT payable £180.00

Estimated sub-total: £1,592.00

Disbursements are costs related to your matter that are payable to third parties, such as Land Registry fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.  In addition to this you will be required to pay Stamp Duty Land Tax as set out below.

 

Stamp Duty or Land Tax (on purchase)

This depends on the purchase price of your property. You can calculate the amount you will need to pay by using HMRC’s website or if the property is located in Wales by using the Welsh Revenue Authority’s website here..

On a purchase price of £300,000.00 being an existing home owner the Stamp Duty Land Tax will be £5,000

Estimated total including Stamp Duty Land Tax  –  £6,712.00

 

How long will my house purchase take?

How long it will take from your offer being accepted until you can move in to your house will depend on a number of factors. The average process takes between 10-12 weeks.

It can be quicker or slower, depending on the parties in the chain. For example, if you are a first time buyer, purchasing a new build property with a mortgage in principle, it could take 9 weeks. However, if you are buying a leasehold property that requires an extension of the lease, this can take significantly longer, between 4 and 5 months. In such, a situation additional charges would apply.

 

Stages of the process

The precise stages involved in the purchase of a residential property vary according to the circumstances. However, below we have suggested some key stages that you may wish to include:

• Take your instructions and give you initial advice
• Check finances are in place to fund purchase and contact lender’s solicitors if needed
• Receive and advise on contract documents
• Carry out searches
• Obtain further planning documentation if required
• Make any necessary enquiries of seller’s solicitor
• Give you advice on all documents and information received
• Go through conditions of mortgage offer with you
• Send final contract to you for signature
• Agree completion date (date from which you own the property)
• Exchange contracts and notify you that this has happened
• Arrange for all monies needed to be received from lender and you
• Complete purchase
• Deal with payment of Stamp Duty/Land Tax
• Deal with application for registration at Land Registry

Purchase of a leasehold residential property at £300,000.00

Our fees cover all the work* required to complete the purchase of your new home, including dealing with registration at the Land Registry and dealing with the payment of Stamp Duty Land Tax  if the property is in England, or Land Transaction Tax (Land Tax) if the property is in Wales.

 

Conveyancer’s fees and disbursements – Leasehold property

• Legal fee £1,100.00
• Search fees £350.00 (estimated actual fee dependant on local authority)
• HM Land Registry fee £150.00
• Electronic money transfer fee £12.00
• VAT payable £220.00

Estimated sub-total: £1832.00

 

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as search fees. We handle the payment of the disbursements on your behalf to ensure a smoother process. There are certain disbursements which will be set out in the individual lease relating to the Property. The disbursements which we anticipate will apply are set out separately below. This list is not exhaustive and other disbursements may apply depending on the term of the lease. We will update you on the specific fees upon receipt and review of the lease from the seller’s solicitors.

Anticipated Disbursements*

Applying for the Grant and collecting and distributing the assets.

At the start, we can provide you with a dedicated and experienced Probate Solicitor to work on your matters to:

 

• • Identify and verify the legally appointed executors or administrators and beneficiaries;
• • Accurately identify the type of Probate application you will require;
• • Make all the appropriate enquiries and obtain the relevant documents and information required to make the application;
• • Complete the Probate application and, where appropriate, the relevant HM Revenue & Customs forms;
• • Draft a Legal Statement for you to sign;
• • Make the application to the Probate Registry on your behalf;
• • Obtain the Probate and send copies to you;
• • Collect in all assets in the estate and pay the estate’s liabilities from the assets;
• • Prepare the Estate Accounts;
• • Distribute the Residuary Estate to the Beneficiaries.

The range of estates varies considerably depending on a number of factors. For example if there is a valid Will and no more than two or three assets and one or two beneficiaries and no disputes between the beneficiaries on division of assets the administration of the estate would be more straightforward and the costs lower than if there are multiple beneficiaries, properties and bank accounts, and for example any claims against the estate or disputes between the beneficiaries and if there is Inheritance Tax to pay, then costs will be higher.

 

On average estates that fall within this wide range are dealt with within 6 – 18 months. Typically obtaining the Grant can take between 4 – 6 months from initial instructions. Once this has been done, collecting and distributing the estates normally takes another 2 – 6 months depending on the assets in the estate.

 

If there is no Will or the estate consists of any shareholdings (stocks or bonds) or there is likely to be any additions to the estate we will advise how these are to be dealt with and give you an estimate once we have the information available.

 

Dealing with the sale or transfer of any property in the estate would be separately quoted.

 

Exact costs of dealing with the above will depend on the individual circumstances of the matter and time spent by the solicitor / paralegal dealing with the matter contracted at the hourly rate. These are currently (May 2022) as follows:-

Partners : £310.00 per hour

Consultants : £298.00 per hour

Associate Solicitors : £298.00 per hour

Solicitors : £250.00 per hour

Legal Personal Assistants : £206.00 per hour

Secretaries : £175.00 per hour

 

Taking a partner as an example, the charges will be calculated as follows:

Personal attendance/interview : £310.00 per hour

Preparation, perusal/drafting : £310.00 per hour

Routine letters/emails/faxes sent : £31.00 each

Routine letters/emails/faxes received : £15.50 each

Routine telephone calls (made or received) : £31.00 each (calls exceeding 6mins are charged pro rata at £310.00 per hour)

Travel/waiting – £207.00 per hour

Local Home Visits (subject to agreement) £75.00 plus VAT

 

In addition to time spent certain other factors are considered when calculating the overall cost including the value of the estate, the complexity of the matter and any special urgency of the case.

 

The relevant factors are listed in the Solicitors Remuneration Order 2009.

 

The hourly rates are reviewed periodically usually on 1 September in each year.

 

The exact cost will depend on individual circumstances. We offer an no-obligation initial meeting where we take details about the estate and other relevant matters and thereafter provide a written estimate for consideration.

 

Examples

In a recently completed Probate matter, where we were instructed to provide a “Grant-only” service in a straightforward matter where the deceased left a Will, our fee, excluding VAT and disbursements, was £1,000.

 

In another concluded Probate matter, the deceased’s estate required the instruction of a genealogist to verify the beneficiaries, our fee, excluding VAT disbursements and conveyancing costs, was £4,000.

 

In another matter, where the deceased’s estate including a property to be sold, various pensions and debts to be cleared, our fee, excluding VAT disbursements and conveyancing costs, was £8,000.

 

In another matter, where we provided a full estate service and the deceased’s estate included a property to be sold and various investments and there was a requirement to file an Inheritance Tax account but no tax was payable, our fee, excluding VAT disbursements and conveyancing costs, was £13,600.

 

Finally, in a very complex Probate matter where the deceased owned a property, several bank accounts and various other investments, where Inheritance Tax was payable our fee, excluding VAT disbursements and conveyancing costs, was just under £23,500.

 

Disbursements (payments made to third parties) in a Probate matter include the following:

• • The Probate application fee of £300 (current as of May 2024) plus £1.50 for each additional Court sealed copy as required;
• • Bankruptcy only Land Charges searches £2 per beneficiary;
• • Notices in the London Gazette which protects against any unexpected claims from unknown creditors and in the local newspaper which helps protect against unexpected claims with an approximate cost of £275;
• • A Financial Asset Search can be carried out if required at a cost of £195 plus VAT.

If you would like to find out more or would like to instruct us please contact us (see contact section on web page).

Debt recovery fees

Our costs in relation to the recovery of a debt in relation to an unpaid invoice which is not disputed are set out below. If it is disputed at any point, we would no longer classify your matter as ‘debt recovery’. At that point it is to be regarded as a ‘contractual dispute’ at which point we provide you with the best possible information about our costs.

The information below relates just to debt recovery and not contractual disputes.

We will discuss the possible methods of funding your claim, to include paying by hourly rate or fixed fee, depending upon the circumstances of your case and the prospects of recovery against the other party.

These terms apply to business to business debt claims. In the event of a claim brought by a business against an individual consumer then a protocol will apply and the timescales will be extended before proceedings can commence.

Details of hourly rates

Solicitor with over 20 years’ experience :  £268 + VAT per hour. This rate applies to the time estimates stipulated below.

Stage 1: Pre-action

• This includes:  taking instructions and reviewing documentation; undertaking relevant searches such at companies house or HM Land Registry, sending a letter before action, and advising upon expiry of the deadline contained in the letter before action to obtain instructions.

Claims below £10,000 1 to 2 hours, unless the documentation is complex.

Claims between £10,000 and £25,000 2-4 hours, unless the documentation is complex.

Claims above £25,000 5-7 hours, unless the documentation is complex.

Matters usually take 3 weeks from receipt of instructions from the client to open a file and draft a letter before action assuming that no additional information is required from the client.

 

Stage 2: Issuing a claim

• The fees include: taking advising how to proceed; drafting claim, diarising relevant dates, updating upon receipt of a response, whereupon we may revert to you with a revised costs’ estimate depending upon the nature of the response.

Claims below £10,000 2-3 hours, unless particulars of claim are complex.

Claims between £10,000 and £25,000 3-4 hours, unless particulars of claim are complex.

Claims above £25,000 5-6 hours of lawyer’s time, unless particulars of claim are complex.

Matters usually take between 4-5 weeks from sending the claim for issue, to receiving a notice of issue and allowing sufficient time for the defendant to acknowledge the claim, make payment or propose payment plan, or to confirm their intention to defend. Also dependent on the court and whether or not further information would be required from the client.

 

Stage 3: Applying for default judgment

• The fees include: taking instructions and drafting a request for judgment in default.

Claims below £10,000 30 mins.

Claims between £10,000 and £25,000  30 mins.

Claims above £25,000 1 hour

It would usually take around 2-3 weeks from the request to obtain judgment depending on the court.

 

Stage 4: Enforcement

• Our fees include advising the client in relation to enforcement options, taking instructions, instructing the relevant party or drafting the relevant application, updating the client as to progress/outcome.

Fee estimate for claims of any value may be anywhere between 5 and 30 hours. This could increase should the client choose multiple methods of enforcement.

Timeframes will depend on multiple factors, to include; delays by the court and/or high court enforcement officers, the enforcement option chosen by the client, but a usual timeframe would be to expect results in between 1 and 3 months.

Please note

All fees will attract VAT at the prevailing rate. In addition to our own fees, disbursements may be payable. Disbursements are costs related to your matter that are payable to third parties. We handle the payment of the disbursements on your behalf to ensure a smoother process. Typical disbursements for an uncontested debt recovery could include a court fee; tracing agent fee in order to ascertain the whereabouts of a debtor or confirm their identity; land registry fees in order to establish whether they own property, and fees incurred in relation to enforcement, amongst others.

 

EXAMPLES 

The following are drawn from cases the firm has dealt with :

Disbursements will include Court fees – we will advise you in relation to these.

In the Small Claims Court the ordinary rule is that each party bears its own costs other than the Claimant being able to claim back from the other side, if the Claimant is successful, the fixed court fees and very small fixed sum in relation to solicitors fees.

 

If the value of the claim is worth more than £10,000 (or involves Statutory Demand) there may be an entitlement to greater costs but that would have to be discussed depending upon the circumstances.

 

Please e-mail Mr. John Keddie at john.keddie@midwinters.co.uk or telephone (01242) 514674 to obtain further information/guidance.

Messrs. Midwinters,
Solicitors,
1 – 3 Crescent Place,  Cheltenham, Glos.
GL50 3PJ