Q&As

Do you have any information about value elements and charging for administration of estate work?

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Published on LexisPSL on 24/05/2017

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • Do you have any information about value elements and charging for administration of estate work?

Do you have any information about value elements and charging for administration of estate work?

In answering this Q&A, we have assumed that the estate administration does not include any contentious work.

The costs of applications in which there is no contest, or no order for costs, will normally be charged by the applicant’s solicitor under the rules applicable to all non-contentious matters. Provision is made by the Solicitors’ (Non-Contentious Business) Remuneration Order 2009, SI 2009/1931 for solicitors’ costs to be such sum as may be fair and reasonable, having regard to all the circumstances of the case and in particular to factors set out in SI 2009/1931, art 3, including (among others) the:

  1. complexity of the matter

  2. skill, labour, specialised knowledge and responsibility involved

  3. time spent on the business, and

  4. amount or value of any money or property involved

See the commentary in Basis of charge: Halsbury’s Laws of England [710] for more information.

Commentary notes that in certain areas of work, such as probate, it may be appropriate to include a value element in the method of charging, However, the question of whether a value element is charged is a matter of judgment for the solicitor and for agreement between the solicitor and the client. The overall consideration must be that the charge is fair and reasonable.

The leading case in this area is Jemma Trust Co

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