These are the minimum TERMS OF BUSINESS under which all PROBATE HELPER members operate. When official instructions to act are received you will be provided with the terms of business of the individual panel member (or firm) dealing with your case.
 
The fees charged include a referral fee which is paid by the individual panel member (or firm) to A.S.K Legal Services (Probate-Helper) for the provision of marketing services and pre-instruction assistance and advice.

DOCUMENTS & STORAGE:
You will receive written confirmation of receipt of any documents that you deposit from the outset and will be advised of the initial steps to be taken.
 
After the matter has completed, the file of papers will be stored for a minimum of 8 years and the understanding is that the file can then be destroyed. We will return any documents that you request and will not destroy any documents that you ask to be retained (such as the original Grant of Representation).
 
PEOPLE RESPONSIBLE FOR YOUR WORK:
You will be advised in writing of the individual person dealing with your matter and their direct contact details, including telephone and email. You will also be told of any other senior person(s) who may work on your file plus the names of any secretarial or other support staff involved.
 
All efforts will be made to avoid changing the people who handle your case but if it cannot be avoided then you will be informed of this change without undue delay.
 
CHARGES & EXPENSES:
The charges to be applied to your matter are those as provided to you via the PROBATE HELPER fixed-fee quote facility or those provided directly to you by the individual Solicitor.
 
This fixed-fee for a complete Estate Administration includes all PROFESSIONAL CHARGES connected with a normal Estate Administration including time expended, meetings, considering, preparing and working on papers, calculations and preparing Accounts, correspondence, making and receiving telephone calls. You will not normally be charged additional hourly rates.
 
It is normal for invoices to be raised during the estate administration and settled when funds are available from the estate. The total charges made though will always add up to a maximum of the original fixed-fee quoted at the beginning.
 
Charges in addition to the fixed percentage fee are very rare but as you may imagine, legal work of this nature can sometimes become complex (such as a claim against the Estate or someone contesting the Will). If it appears that the matter will become complex then you will be given notice and an estimate of costs and the option to terminate instructions.
 
PROBATE HELPER's percentage charges are reviewed on the 1st of January each year. However, the percentage rate agreed at the start of your matter will not change, even if the rate increases during your particular case.
 
UK VAT will be added to all professional charges at the prevailing rate (presently 17.5%). If any charges are directly arising from Spain then Spanish IVA tax at 16% may also be payable (sometimes in addition to VAT).
 
In addition to Estate Administration fees there are EXPENSES and disbursements (Court fees, property insurance, valuer's fees, etc) which vary according to each estate. If you are not the sole beneficiary of the Estate then you can expect to be reimbursed for all expenses, including those paid in advance. You will be informed of the likely expenses payable for the individual case at the outset and during the Administration period (as applicable).
 
If any residence or business forming part of the Estate is sold, as is usual with all Estate Administrations, the Conveyancing costs would be charged separately from the Estate Administration costs (please note that normally there is no obligation on the beneficiaries to sell any asset of the Estate).
 
TERMINATION:
You may terminate your original instructions in writing at any time with immediate effect.
 
The member will issue you express termination terms and the charges that are likely to apply which should reflect those as detailed below as a minimum. No member will decide to stop acting for you without good reason and after providing you with reasonable notice.
 
If you or the member decides to terminate instructions the estate will pay the charges on the basis as set out below:
 
1. Termination prior to Inheritance Tax forms IHT 200 or IHT 205 have been submitted to the Capital Taxes Office or Probate Registrar; 40% of the fixed-fee quoted.
 
2. Termination after Capital Taxes IHT 200 (or IHT 205) have been submitted to the Capital Taxes Office (or Probate Registrar) but prior to Grant of Representation application; 60% of the fixed-fee quoted.
 
3. Termination after Grant of Representation application but prior to circulation of the Grant (or sealed copies of the same) to creditors/debtors; 80% of the fixed-fee quoted.
 
4. Termination after Grant of Representation issued and after the Grant (or sealed copies of the same) have been circulated to asset holders; 100% of the fixed-fee is payable.
 
INVESTMENTS:
Some of the work during an Estate Administration involves investments. The Lawyer or firm undertaking your work will not normally be authorised by the Financial Services Authority and may refer you to someone with the required authority to offer investment advice. However, many will be regulated by the Law Society and can provide limited services relating to investments which are closely linked to the Estate Administration itself.
 
TIMESCALES:
We are very proud of our member's record on speed of service but the time taken to complete an Estate Administration depends on many factors, including responses from organisations out of our control. It is important that an Administration is not rushed and it is therefore accepted in law that 12 months from the date of death is a reasonable time for most 'ordinary' Estate Administrations (the 'Executor's Year').
 
Very few PROBATE HELPER cases actually take as long as 12 months and the person dealing with your case will provide you with an estimate of timescale within a few weeks of instruction (once the relevant Estate has been established).
 
QUERIES OR CONCERNS:
We have every confidence that you will receive the highest level of service in all respects and value your instructions a great deal. If you have any concerns at all, please let PROBATE HELPER know and we will act on your behalf in order to resolve any challenges.
 
In line with Law Society rules and, guidelines most panel members operate their own internal complaint handling system and you will be advised of this at the start of the matter.
 
In any event, you are assured that if any concern cannot be addressed to your satisfaction there are redress systems in place which may involve official the regulatory bodies.

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