Here is our latest contribution to The Commonwealth Lawyer. As a dual qualified solicitor practising in England and in Italy, I am often asked to advise on inheritance cases that involve cross-border succession aspects. The legislative framework governing succession can differ greatly from a national and international perspective. This topic is becoming more and more…
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COVID-19 Update
As COVID-19 (coronavirus) continues to impact the global community, we would first like to extend our thoughts and support to those affected by the virus.
In response to the pandemic, we have taken steps to ensure business continuity for our organisation and, of course, our clients.
Despite the current situation in relation to COVID-19, SLIG LAW is doing everything possible to continue to provide a full service to all our clients.
We will be working remotely where possible and will continue to be fully contactable at the telephone number 0044 (0)20 74892014, and by email at info@sliglaw.com
Whilst face to face meetings may not be possible all members of SLIG LAW have access to video conferencing technology and video conferences can be arranged as needed.
We hope that all our clients and colleagues remain safe and healthy during this time.
Please be assured that we will keep you informed of any relevant changes or updates as necessary.
SLIG LAW
IMMIGRATION FEES
We generally offer fixed fees for various immigration applications. The fees set out below are a guide, based on the average cost of these matters; however, depending on the complexity of your case, the cost of your application may be lower or higher.
We will confirm this with you when you contact us for a quote or after an initial consultation, so you will know the cost of your application before instructing us. The fees listed below are exclusive of VAT and disbursements.
Factors that impact on the cost of your application include:
- The amount of supporting evidence that we need to consider
- Which language(s) you speak
- Whether you are applying with other dependants
- Whether you can provide sufficient evidence at our first meeting
- Whether you meet all the requirements of the immigration rules
The fees listed below are per person. If you have any dependants, there will be an additional fee per dependant which varies depending on the type of application and the amount of work required. The dependant’s fee may be equal to the fee we will charge for the main applicant or lower.
What is included in our fees:
- attending on you face to face/by phone and in writing
- taking instructions and providing advice
- preparing an application form
- discussing with you the evidence required for your application
- preparing a bundle of documents
- preparing letter of representations
- advising you on timescale and prospects of success
- liaising with the Home Office until they reach a decision (excluding any pre-action protocol letter, which is a threat of judicial action where the Home Office has delayed taking a decision on your case.)
What is excluded:
Any work after the Home Office decision if the application is refused (appeals, administrative reviews and other possible challenges)
- Accompanying you to any Home Office interview
- VAT, which charged on our fees at 20%
- Disbursements such as postage fees, translations and other costs
- Home Office fees: You can check the Home Office fees here: https://www.gov.uk/government/publications/visa-regulations-revised-table
- Translations fees (usually around £60 /£100 per document)
- Interpreters’ fees (usually £50 per hour plus travel time and expenses)
- Expert reports: if a report is required (for example a medical report), we will contact the experts for you and provide you with quotes in advance. The cost of expert reports varies greatly depending on the topic and the expertise of the author. Expert reports are not generally required.
- Counsel fees: if we need to engage a Barrister, we will contact them and provide you with quotes in advance. However, this is unlikely to happen when submitting an application to the Home Office, as Barristers are usually only involved at appeal stage or in other proceedings involving the courts or tribunals.
Consultations:
Initial consultation face to face or via Skype from £250 + VAT. Consultations usually last up to one hour.
EEA Applications
The cost of these applications ranges from £1,200 to £3,500 depending on the complexity and amount of documents required. The average cost per person is £1,500.
British Citizenship
Applications for adults or children cost between £1,500- £3,500
Applications under the Immigration Rules
The cost of these applications ranges from £1,500 to £6,000 depending on the complexity and amount of documents required.
Points Based System applications
The cost of these applications ranges from £1,500 to over £10,000 depending on the complexity and amount of documents required and the category under which you wish to apply.
Timescale
Depending on how quickly you provide us with the documents needed for your application, we can generally submit your application within 2 to 6 weeks from being instructed. We cannot estimate how long the Home Office will take to decide your application. You can check the current processing times here: https://www.gov.uk/visa-processing-times
Immigration appeals at the First Tier Tribunal and other hourly rate matters
The fees below exclude VAT and disbursements, such as counsel fees. Appeals may take anything from 6 to over 20 hours to prepare depending on their complexity.
Our hourly rate is £300 + VAT (total £360 per hour)
Therefore the cost of an appeal may range from £1,800 to several thousand pounds. Tribunal fee to lodge the appeal £140 (for oral hearing) and Counsel fees cannot be estimated.
Applications for permission to appeal to the Upper Tribunal would usually require 2 to 10 hours work and Counsel fee cannot be estimated.
The exact number of hours it will take depends on the circumstances in your case. Such as:
- The amount of supporting evidence that we need to consider
- Which language(s) you speak
- Whether you are applying with other dependants
- The complexity of your appeal
All applications are likely to vary and of course, we can give you a more accurate estimate once we have more information about your specific case.
We deal with many other types of immigration matters, such as:
- Asylum applications and appeals
- Human rights applications
- Statelessness applications
- Detention and bail
- Deportation
- Judicial Reviews
- Sponsor licences for employers
- Passport applications
- Italian citizenship applications
- Please call us for a personalised quote or for more information.
DEBT RECOVERY UP TO £100,000
These costs apply where your claim is in relation to an unpaid invoice which is not disputed and enforcement action is not needed. If the other party disputes your claim at any point, we will discuss any further work required and provide you with revised advice about costs if necessary, which could be on a fixed fee (e.g. if a one off letter is required), or an hourly rate if more extensive work is needed.
|
Debt value |
Court fee |
Our fee plus VAT |
|
£10,000 – £50,000 |
5% value of the claim |
£5,000 -£6,000 |
|
£50,001 – £100,000 |
5% value of the claim |
£8,000 – £10,000 |
Should you wish to proceed with a claim please note that:
- The VAT element of our fee cannot be reclaimed from your debtor.
- Interest and compensation may take the debt into a higher banding, with a higher cost.
- The costs quoted above are not for matters where enforcement action, such as the bailiff, is needed to collect your debt.
Our fee includes:
- Taking your instructions and reviewing documentation
- Undertaking appropriate searches
- Sending a letter before action
- Receiving payment and sending onto you, or if the debt is not paid, drafting and issuing claim
- Where no Acknowledgment of Service or Defence is received, applying to the court to enter Judgement in default
- When Judgement in default in received, write to the other side to request payment
- If payment is not received within X days, providing you with advice on next steps and likely costs
The above process may vary between 4-12 weeks from receipt of instructions from you to receipt of payment from the other side, depending on whether or not it is necessary to issue a claim. This is on the basis that the other side pays promptly on receipt of Judgement in default. If enforcement action is needed, the matter will take longer to resolve. Please kindly note that fees of other professionals such as the Barrister are not included.
PURCHASE OF A FREEHOLD/ LEASEHOLD RESIDENTIAL PROPERTY
The stages involved in the purchase of a residential property vary according to the circumstances. Below you may find some of the key stages which a conveyancing transaction would usually include:
Stage 1: Instructions and title review
Generally, at the outset of the matter we collect your instructions and provide you with legal advice on the ownership (when applicable). It is our duty to check that finances are in place to fund the purchase.
Stage 2: Investigation and pre contract enquiries
Upon receipt of the contract title and documents, we review and advise on the content. We strive to ensure that an accurate due diligence on the property is completed and therefore upon receiving and reviewing the draft contract and title deeds, we carry out searches and review the results. Any planning or listed building and building regulation documentation is also within the scope of our due diligence. In most transaction, we will advise you to carry out a structural survey report. Finally, once confirmation of the searches results and surveyor’s report (if any) have been received, we will make the necessary enquiries with the seller’s solicitor.
Stage 3: Report on Title
A report on title is drafted for your benefit. We strongly encourage you to read the document that will include full details of the property and any defects or issues identified that may influence your decisions.
Stage 3: Drafting transfer deeds
Once you have confirmed, based on the outcomes of our due diligence, your interest to progress the transaction we will confirm to the Seller’s Solicitor your are happy to move to exchange and completion (date on which the transfer the ownership of the property takes place). The Contract and transfer document, in their final version, will be sent to you for your approval and signature and the deposit, usually 10% (or full purchase funds, if applicable) must be transferred to our client account.
Stage 4: Exchange & completion
Exchange and completion may take place at different times. Should this be the case, we will be notifying you. The exchange of contracts and deposit transfer create a binding relationship between the parties. Completion information will be requested and pre completion searches shall be carried out in order to prepare for completion within the agreed date. At completion, the balance of the purchase funds shall be transferred to the seller and the transfer deeds must be dated to record the ownership of the new proprietor.
Stage 4: Post completion
Finally, post completion matters must be carried out. The relevant Stamp Duty tax shall be paid and the application to the Land Registry for registration shall be filed on your behalf.
Our fees cover our activities necessary to complete the purchase of a residential freehold/leasehold property, dealing with the registration of your title at the Land Registry and with the payment of Stamp Duty Land Tax (SDLT).
From our experience, a general residential property purchase transaction cannot be exactly estimated and the individual circumstances below should be referred to as guidance. A detailed estimate of our fees based on your individual transaction shall be provided at the outset of any matter.
GENERAL PURCHASE TRANSACTION
From our experience a transaction of the following nature would cost between £4,000 and £8,000 plus VAT (currently at 20%).
- This is a standard transaction and that no unforeseen matters arise. No preparation of additional documents is required, ancillary to the main transaction including but not limited to drafting a Lockout Agreement, Deed of Easement or Alterations.
- The property is being sold with vacant possession.
- The transaction is concluded in a timely manner without any specific need for urgency or delay.
- All parties to the contract are co-operative and there is no unreasonable delay from third parties involved in documentation.
- No indemnity policies are required. Additional disbursements may apply if indemnities are required.
- That the value of the property is not in excess of £1,000,000.
- That this is not the sale of part of a registered or unregistered title.
- There is no lack of building regulation, planning or listed building consents for works carried out to the property or breach of such consents.
- The transaction does not involve the first registration of title.
- Tax advice is not included.
Estimated Fees and Disbursements
Please kindly note that disbursements are third party charges related to your matter and these are out of our control. We are happy to handle the payment of the disbursements on your behalf for the benefit of the transaction.
- Search fees may vary depending on Local Authority costs and list of searches between £500 and £1,000 plus VAT;
- HM Land Registry fee can be found on the relevant HMRC website at https://www.gov.uk/guidance/hm-land-registry-registration-services-fees
- SDLT – cannot be estimated in advance as this will depend on the purchase price of the property and your individual circumstances;
- Surveyor’s fees – may vary between £1,000 and £1,500;
- Accountant’s fee – if any CGT tax is applicable, may vary between £1,000 – £1,500 plus VAT;
- Notice of transfer fee – This fee is chargeable if set out in the Lease and may vary between £50 – £175 plus VAT;
- Deed of covenant fee – This is the fee provided by the management company/freeholder. It is not possible to provide you with an exact estimate and may vary between £250-£750 plus VAT;
- Certificate of compliance fee – It is not possible to provide you with an exact estimate and may vary between £50 – £150 plus VAT;
- Transfer of a share in a freehold or residents management company – It is not possible to provide you with an exact estimate and may vary between £50 – £150 plus VAT.
- Bank charges for transfer – May vary between £15 – £25 for a same day transfer.
Likely completion time
Generally, the time estimated between your offer being accepted until completion will depend on a number of factors. On average, a transaction may take between 4 – 12 weeks.
SALE OF A FREEHOLD/LEASEHOLD RESIDENTIAL PROPERTY
The precise stages involved in the purchase of a residential property vary according to the circumstances. Below are some of the key stages which a transaction would usually include:
Stage 1: Instructions and drafting of documents
Generally, at the outset of the matter we collect your instructions and give you initial advice and scoping of the transaction. Furthermore we will contact your existing lender (if any) to obtain redemption figures and draft transfer documents. We will immediately commence drafting of the Transfer deed documents (which transfer the ownership of the property on completion). The drafts will be send to the Buyer’s Solicitor for approval. Once approved by the Buyer, the Contract and Transfer Documents will be send to you for your approval and signature.
Stage 2: Answer pre contract enquiries and queries on title
Upon receipt of the enquiries from the Buyer’s Solicitor we will obtain your replies to property information forms and to the fixtures and fittings form. We will complete the contract drafting, obtain copies of your property title from the Land Registry, and send the full contract pack to the Buyer. Should further enquiries be raised, referred to planning documentation or consent to works you may have been carried out, we will obtain from you or the Council copies of planning documentation. Finally, we will reply to the outstanding enquiries raised by the Buyer’s Solicitor and agree the final contract terms and any apportionments of service charge and ground rent to the date of completion.
Stage 3: Exchange & completion
Exchange and completion generally take place at different times. The exchange of contracts and deposit receipt create a binding relationship between the parties. At completion, the balance of the purchase funds shall be transferred by the Buyer and the transfer deed will be dated to record the ownership of the new proprietor.
Stage 4: Post completion
Finally, post completion matters must be carried out. We will redeem any existing mortgage, pay the estate agents fees and pay the net sale proceeds of the sale to your preferred account.
Our fees cover our activities necessary to complete the sale of a residential freehold/leasehold property and dealing with the redemption of your mortgage if any.
From our experience, a general residential sale transaction costs cannot be exactly estimated and the individual circumstances below should be referred to as guidance. A detailed estimate of our fees based on your individual transaction shall be provided at the outset of any matter.
GENERAL SALE TRANSACTION
From our experience a transaction of the following nature would cost between £4,000 and £8,000 plus VAT (currently at 20%).
- This is a standard transaction and that no unforeseen matters arise. No preparation of additional documents is required, ancillary to the main transaction including but not limited to drafting a Lockout Agreement, Deed of Easement or Alterations.
- The property is being sold with vacant possession.
- The transaction is concluded in a timely manner without any specific need for urgency or delay.
- All parties to the contract are co-operative and there is no unreasonable delay from third parties involved in documentation.
- No indemnity policies are required. Additional disbursements may apply if indemnities are required.
- That the value of the property is not in excess of £1,000,000.
- That this is not the sale of part of a registered or unregistered title.
- There is no lack of building regulation, planning or listed building consents for works carried out to the property or breach of such consents.
- Tax advice is not included.
Estimated Fees and Disbursements
Please kindly note that disbursements are third party charges related to your matter and these are out of our control. We are happy to handle the payment of the disbursements on your behalf for the benefit of the transaction
- Landlords and/or managing agents/management company fees for replies to property enquiry forms – it is not possible to estimate such fees that can vary between £350 – £600 plus VAT.
- Licence to assign or rent deposit deed if required by the lease – it is not possible to estimate such fees that can vary between £250 – £750 plus VAT.
- Bank charges for transfer – May vary between £15 – £25 for a same day transfer.
Likely completion time
Generally, the time estimated between you accepting the offer of the buyer until completion will depend on a number of factors. On average, a transaction may take between 4 – 12 weeks.
WHAT ARE THE STEPS TO OBTAIN A GRANT OF PROBATE AND ADMINISTER AN ESTATE?
Stage 1: Assets and Liabilities
Generally, it is always necessary to establish the nature and value of all assets and liabilities of an estate. Evaluations of the assets may also be required and this shall be assessed on a case by case basis.
Stage 2: Inheritance Tax (IHT)
Upon confirmation of the value of the assets and liabilities, an assessment of the inheritance tax and the relevant returns to be filed can be carried out (the IHT 400). The application and evidence shall be submitted to HMRC and tax paid to the revenue within 6 month from the time of the death to avoid interest.
Inheritance tax, at a rate of 40%, may be due if the assets in the estate amount to a total in excess of £325,000. Exceptions however apply and each matter shall be assessed on its own.
Stage 3: Application for the Grant
The Grant, entitles those appointed by the Court to deal with the deceased’s estate and collect assets, pay liabilities and make final distribution.
The persons entitled to apply for the Grant, depend on whether the deceased left a Will or have died intestate.
Stage 4: Collecting the assets and paying the liabilities
Once a Grant has been issued by the High Court the estate can be administered by the persons named up and until the final distribution. Any accounts can be closed, investments be sold and generally assets can be collected. From the overall amount, the persons administering the estate are under a duty to pay liabilities, expenses and legacies.
Stage 5: Finalising the estate
Those administering the estate are liable to income tax and capital gains tax. Tax returns shall be submitted and payments settled before the estate is finally distributed.
Examples of general Estates
The information provided in this schedule has been drafted as guidance for both pre-grant and post-grant legal activities, based on our experience, and a detailed estimate of fees should always be requested.
SIMPLE UK ESTATE
From our experience the administration of an estate of the following nature would cost between £5,000 and £10,000 plus VAT (currently at 20%).
The circumstances are:
- There is a valid Will (no codicils) leaving the estate to immediate family members only.
- There are bank accounts but no shareholdings.
- There are no disputes between relevant parties or claims against the estate.
- There is no inheritance tax due and no need to submit a full inheritance tax return to HMRC.
- There are no income tax or CGT reporting requirements.
- There is no requirement for any formal financial accounts.
Estimated disbursements – third party charges – are:
- Probate application fee of £158. This is currently a flat fee to include 6 official copies of the Grant.
- Executor swears £5 each. Executors are required to make oath in front of a solicitor who charges a standard fee.
- London Gazette fees between £100 and £200 plus VAT. Notices placed on the Gazette protect the interests of the Executors against any future unknown creditors.
Likely completion time
Generally such applications are completed within 4 months from the instructions and full information being provided.
Circumstances that may increase costs:
- The number of assets within the estate.
- HMRC enquiries regarding income tax or tax credits.
- Any delay in the provision of information.
MEDIUM UK ESTATE (CHARGEABLE TO IHT)
From our experience the administration of an estate of the following nature would cost between £10,000 and £20,000 plus VAT. This estimate does not include our fees for the sale of the property or any application to the Land Registry.
The circumstances are:
- There is a valid Will with up to two codicils which include a number of specific and cash legacies.
- There is one residential property.
- There are bank accounts.
- There are investments.
- There are insurance policies and bonds.
- There are no disputes between relevant parties or claims against the estate.
- There are no trusts.
- Inheritance tax is payable and full inheritance tax returns needs to be submitted to HMRC.
- A Trusts and Estates income tax return shall be filed for the period of administration.
- Full Estate Accounts are required.
Likely disbursements – third party charges – are:
- Probate application fee of £158. This is currently a flat fee to include 6 official copies of the Grant.
- Executor swears £5 each. Executors are required to make oath in front of a solicitor who charges a standard fee.
- London Gazette fees between £100 and £200 plus VAT. Notices placed on the Gazette protect the interests of the Executors against any future unknown creditors.
- Property Valuation Fee can vary between £750 and £1,250 plus VAT.
- Accountant’s fees can vary between £1,000 and £2,500 plus VAT
Tax liabilities
An estate of this nature is likely to include:
- Inheritance tax. Exact calculations can be provided upon all of the information is made available.
- Income tax and Capital gains tax. Persons named by the Grant are responsible for reporting to HMRC for all estate income and capital gains from the date of death to the date the administration is complete. We will calculate this for you and report it to HMRC unless agreed otherwise.
Likely timescale
On average the administration of an estate of this nature takes about 12 to 18 months to complete. Generally it may take from 4 to 6 months to obtain a Grant. Collection and distribution of the assets may vary and could take up to 3 month to complete. Inheritance tax accounts need to be issued by HMRC and such process may delay the final administration of the estate.
Possible factors which could increase costs:
- The number of legatees and compliance issues (we are now required to obtain identity information for all beneficiaries).
- Delayed communications from HMRC regarding the IHT.
- The existence of nominations in relation to life policies.
- Collating information for pre-death income tax reporting and a complex income position with any foreign income.
- Lengthy consideration of specific assets to be transferred to beneficiaries and the tax implications.
COMPLEX UK ESTATE
We anticipate that the administration of an estate of the following nature would cost not less than £20,000 plus VAT. This excludes the cost of selling the property or any first registration at the Land Registry.
The circumstances are:
- There is a valid Will with up to two codicils which include a number of specific and cash legacies.
- There is residential property and land.
- There is a family partnership or business.
- There are bank accounts.
- There are investments managed through a stock broker’s nominee name.
- There are insurance policies and bonds.
- There is a life interest trust which has come to an end on death.
- There are no disputes between relevant parties or claims against the estate.
- Inheritance tax is payable as the value of the assets exceeds the available allowances and claims for agricultural and business property relief can be made.
- A full inheritance tax return needs to be submitted to HMRC.
- Information will need to be provided to the family accountants for them to prepare and file the income and gains of the estate for the period of administration.
Likely disbursements – third party charges – are:
- Probate application fee of £158. This is currently a flat fee to include 6 official copies of the Grant.
- Executor swears £5 each. Executors are required to make oath in front of a solicitor who charges a standard fee.
- London Gazette fees between £100 and £200 plus VAT. Notices placed on the Gazette protect the interests of the Executors against any future unknown creditors.
- Property Valuation Fee can vary between £750 and £1,250 plus VAT.
- Accountant’s fees can vary between £1,000 and £2,500 plus VAT
- Share Valuation Fee between £200 and £500 plus VAT
Tax liabilities
An estate of this nature is likely to include:
- Inheritance tax. Exact calculations can be provided upon all of the information is made available.
- Income tax and Capital gains tax. Persons named by the Grant are responsible for reporting to HMRC for all estate income and capital gains from the date of death up to the end of the administration period.
Likely timescale
On average the administration of an estate of this nature takes about 18 to 24 months to complete. Generally it may take from 4 to 6 months for the Grant to be issued. Collection and distribution of the estate assets may vary on a case by case basis. Inheritance tax accounts must be issued by HMRC.
Possible factors which could increase costs:
- The number of legatees and compliance issues (we are now required to obtain identity information for all beneficiaries).
- Valuation issues relating to land including any differing interests in it.
- Delayed communications from HMRC regarding the IHT and any claims for relief.
- Protracted considerations relating to partnership or business issues.
- Lengthy consideration of specific assets to be transferred to beneficiaries and the tax implications.