SRA price transparency
SRA Transparency Rules – Maurice Turnor Gardner’s fees for Probate, Immigration and Residential Real Estate
Maurice Turnor Gardner LLP works as efficiently as possible and only charges for the time we spend on a matter and relevant third party expenses, which are listed below in relation to Probate, Immigration and residential Real Estate.
Our fees include all time recorded in our time keeping system and we are always willing and able to provide a breakdown of time spent by each person, together with expenses and any other costs. Hourly rates charged by the firm range from £275 for trainees (and, in the case of our real estate practice, £360 for Chartered Legal Executives) to £795 for senior partners. In addition, VAT at a rate of 20% is charged on our fees and related third party expenses where required under UK law. We charge on a cost recovery basis for third party expenses.
We will normally provide cost estimates at the outset of all matters. These cost estimates are not capped or fixed fees and our actual costs may be more or less than the estimated amount. The conduct of other parties and other unexpected complications which emerge during the course of the matter may affect both the cost of our work and how long it takes for the matter to be concluded. We monitor the time recorded and advise our clients if the estimate is likely to be exceeded.
Probate Work
The Process
When a person dies, those dealing with their estate are generically called the personal representatives. In its simplest form, their role is to collect in and distribute all the assets of the deceased in accordance with their Will or the intestacy provisions. This is a two-stage process:
- Obtaining the grant: the personal representatives must prove that they have the right to deal with the deceased’s assets: this is generically called obtaining the grant of representation. The inheritance tax return must be sent, and any inheritance tax due must be paid, to HMRC before an application can be made for the grant of representation. Our services for obtaining the grant will include drafting and submitting the inheritance tax return and the Application Form for the grant which the personal representatives must sign or approve.
- Administration of the estate: the personal representatives must then identify and collect in the deceased’s assets (this may include their home, personal belongings, bank account balances, investments etc.), pay the outstanding liabilities of the deceased and then distribute the balance according to the deceased’s Will or, if there is no Will, the laws of intestacy.
Our Specialties
We advise on a wide range of complex probates often involving international aspects and high values. We are well-placed to assist and support personal representatives, executors and families during this inevitably difficult time. We also advise private banks on the legal, practical and tax issues which are relevant to them in the event of the death of a client.
Even the simplest of probate processes may take up to a year to complete, for example, up to six months to obtain the grant of representation and a further six months to collect in and distribute all of the assets in the deceased’s estate. The administration of an estate with multiple, including jurisdictional, complexities may take much longer, with legal fees in excess of £100,000 (plus VAT) depending on the nature and situs of the assets and any claims or potential claims by third parties.
Our Fees
We charge for our services on a time spent basis with reference to the hours recorded in our time keeping system and the seniority of the individual involved. Hourly rates range from £275 (plus VAT) per hour for a trainee to £795 for a senior partner. We do not charge a percentage of the value of the estate.
The Team
The team working on a probate matter will usually consist of a partner, an associate and often a trainee. Click here to see details of the leading members of our probate team who will be assisted by one or more individuals whose profiles and experience can be seen via the people page on our website. The names of the people advising you would be set out in the engagement letter if you instructed us.
Third Party Expenses
Typical third party expenses in probate matters which may be charged in addition to our fees include:
- the probate application fee of £300 plus £1.50 for each sealed copy of the grant required if the value of the estate exceeds £5000.
- placing advertisements to protect against unexpected claims from unknown creditors (£200 – £400)
- valuation fees (ranging from £500 (plus VAT) to £20,000 (plus VAT) depending on the situs and nature of the asset.
- translation costs (£200 – £500 (plus VAT))
Inheritance tax and any other taxes are charged in addition to our fees and will vary depending on the size and the nature of the assets in the estate.
Depending on each individual client, different levels of help will be required. Some wish and are able to act independently in the administration, but others may require assistance at each stage of the process. Our level of involvement will significantly affect the level of fees we charge as more hours will be expended where the personal representatives are in need of more support in the administration period.
Timescales
No individual’s personal financial affairs are exactly the same and our fees will reflect the personal representatives’ particular requirements in the circumstances, as will the time it takes to gather the information required to apply for a grant of representation or administer an estate. Factors which can affect the amount we charge and how long the administration process will take include:
- The nature of the assets in the estate.
- Whether any assets are held overseas.
- Whether the deceased died in the UK or abroad.
- The domicile of the deceased.
- Whether there is a valid Will.
- Whether the validity of the Will is called into question.
- Whether the executors named in the Will are willing and able to act.
- Whether UK inheritance tax (or the equivalent in another country) is payable.
- Whether any reliefs or exemptions from inheritance tax apply.
- The deceased’s marital status.
- Whether there are any dispositions to charity in the Will.
- The amount and type of liabilities outstanding against the estate.
- The level of support the personal representatives require in relation to the administration. Some personal representatives may wish to undertake much of the work themselves or through their accountants.
- Actions and behaviours of third parties such as the probate registry, HMRC, companies in which the deceased held an interest and banks with which the deceased had accounts.
- The identity and number of beneficiaries under the Will and whether there are any beneficiaries who are unhappy with the provisions of the Will.
- Whether all of the beneficiaries, executors or administrators of the estate can be found.
- Whether any of the beneficiaries, executors or administrators reside overseas.
- The relevance of any trusts, either ongoing or newly created by the Will.
- Whether there are any claims against the estate by dependents of the deceased.
- The quality of financial records kept by or available in respect of the deceased.
These variable factors make it very difficult to provide a meaningful estimate before we know the particular circumstances. However, based on our experience, we have set out below examples of typical fee estimates up to the grant of representation. The amount of work involved in administering the estate after the grant depends entirely on the complexity of the estate.
| UK resident and domiciled deceased (no foreign element) | Range of fees up to application for grant (ex. VAT at 20%) £ |
| With valid UK Will | |
|
3,500 – 6000 |
|
6,000 – -14,000 |
|
14,000 – 30,000 |
|
2,500 – 7,500 |
| No Will | |
|
4,000 – 9,000 |
|
8,900 – 18,000 |
|
15,000 – 30,000 |
| The above estimates assume the following: | |
|
|
Charge covers:
Charges do not cover
|
Examples of more complex work in which we specialise (for which we would charge at an hourly rate, and which are not included in the ranges given above) include:
- Considering and advising on the application of APR and BPR.
- Working with foreign lawyers to deal with foreign assets whether or not administered by an English Will.
- Making arrangements so that changes to the distribution of the estate are as effective as if they were made in the Will.
- Advising the beneficiaries of estates on their own personal tax position and how they may structure their affairs efficiently.
- Advising executors and beneficiaries in contentious probates.
- Negotiating and reaching settlements with HMRC.
Immigration
Our Specialties
We advise individuals, companies, private banks and other financial institutions on their immigration needs.
Entrepreneurs, Innovators and Investors
Our key specialism in this area has been obtaining entry clearance for our investor, innovator and entrepreneur clients and we have an abundance of experience advising clients on all of the legal and practical aspects of the immigration process, from assessing and compiling their applications through to obtaining the relevant permissions for them and their families to come to the UK.
We note that the Investor Visa route is now closed to new applicants and news on an updated route for HNW investors and entrepreneurs is expected in Autumn 2022.
Private banks and financial institutions
We work closely with private banks and other financial institutions on immigration issues which are relevant to them and their clients (particularly in the context of the Tier 1 “investor visa” regime, although we note this route is now closed to new applicants). For example, we regularly provide guidance and training on the investment restrictions contained within the UK immigration rules and we have assisted with the formulation of model terms and conditions for investment agreements.
Other immigration advice
In addition, we work with our clients on a range of other immigration issues such as Skilled Worker sponsorship license applications for employers, non-EEA skilled worker visas, entry to the UK for short term business visits to the UK, advising on obtaining indefinite leave to remain and applications for British citizenship.
The group has excellent contacts at the Home Office UK Immigration and Visa Service and an extensive network of professional contacts who are able to assist clients needing advice on emigrating to other countries.
Our Fees
We charge for our services on a time spent basis with reference to the hours recorded in our time keeping system. The team working on an immigration matter will usually consist of a partner, an associate and often a trainee. The team will be selected with a view to ensuring that the work is done on the most cost efficient basis.
The Team
The team working on an immigration matter will usually consist of a partner, an associate and often a trainee. Details of the immigration team can be seen via the people page on our website. The names of the people advising you would be set out in the engagement letter, if you instructed us.
Third party expenses
Depending on the type of application being made, third party expenses charged in addition to our fees for immigration matters can include, but are not necessarily limited to the following. These fees will, of necessity, change from time to time depending on the type of visa application:
- The visa application fee;
- Immigration health surcharge fee;
- Postage/courier fees;
- Appointment confirmation fees;
- Premium service fees;
- ‘Life in the UK’ test booking fees; and
- Approved secure English language test booking fees.
We tailor our service to our client’s needs, from an “advice only” approach to a bespoke personal service. Our “advice only” approach anticipates that we are provided with all necessary documentation and information from our clients/their advisors in order to complete the requisite application forms. Our bespoke personal service is far more hands-on and can include, for example, personal attendance at Visa Application Centres in the country of origin alongside our clients, liaising with bankers and other advisers to compile the requisite information, and assistance with securing the necessary appointments. Our level of involvement will significantly affect the level of fees we charge.
No applications are exactly the same and our fees will reflect the applicant’s particular circumstances. These variable requirements make it difficult to provide a meaningful estimate before we know the particular circumstances. However, based on our experience, we have set out below examples of typical fee estimates.
| Non-EU | Range of fees (ex, VAT at 20%) £ |
| Skilled Worker Visa | |
| Sponsor license | 15,300 – 19,000 |
| Application for CoS (Employer) | 3,850 – 5,000 |
| Application for Employee | 3,850 – 5,000 |
| Dependant | 2,500 – 3,850 |
| Student Visas | |
| Student | 3,850 – 5,000 |
| Dependant (on certain visas) | 2,500 – 3,850 |
| EU | |
| Settlement Scheme – Settled Status or Pre-Settled Status | 4,850 – 6,000 |
| Other | |
| British Citizenship applications – registration/ naturalisation/ passport applications | 7,600 – 10,100 |
| Right of Abode | 5,000 – 10,100 |
| Dependants | 2,500 – 3,850 |
| Indefinite Leave to Remain | 7,600 – 10,100 |
| Dependants | 3,850 – 5,000 |
| Discrete Immigration Advice | time spent basis |
| Visitor type visas | 2,500 – 3,850 |
The above estimates assume the following:
- Instructions received and documents provided in a timely manner
- Charge includes but is not limited to:
- Initial research into information required for the application;
- Collation of necessary information;
- Drafting the visa application form;
- Preparation of a travel schedule for overseas visits, if necessary;
- Assisting with visa-specific requirements;
- Submission of online application; and
- Arranging of visa appointment.
Examples of more complex work that we specialise in includes:
- Advice where there is a concern regarding an existing breach of immigration rules;
- Advice on failed applications;
- Niche applications, requiring support from counsel; and
- Applications requiring the Home Office to exercise discretion.
Real Estate Work
Our Specialties
We focus on the acquisition, disposal, and letting of high-value residential property for corporate and private clients in the UK and the rest of the world, focusing in particular on the prime central London market.
In addition to sales and purchases, we also take an active role in the management of residential properties and buildings for clients and advise on a range of technical issues encountered in residential property practice. We also have experience of the regulatory and legal issues involved in secured lending in relation to the purchase of such property and are able to advise on such matters. We have additional expertise in the sale and purchase of listed buildings and in relation to leasehold enfranchisement (the statutory regime to extend a long residential lease, to acquire the freehold of a leasehold house and, collectively with other tenants, to acquire the freehold or the right to manage a residential building).
We focus on bespoke, complex transactions often involving listed buildings on London’s main estates involving estate management and restrictive covenant schemes.
This note is prepared on the basis that the transaction consists of a natural person selling to a natural person. We have flagged a number of areas where a purchase from a corporate seller may incur higher fees but transactions involving corporate sellers or purchasers are generally more complex in any event and are likely to incur fees outside the scope of this note.
Key Stages of a Simple Conveyancing Matter
Purchase
- Taking initial instructions and providing initial advice aroind surveys, insurance and Stamp Duty Land Tax;
- Carrying out searches and undertaking the legal due diligence on the property;
- Obtaining planning documents as required;
- Liaising with a funding bank’s solicitor and advising on the terms of the legal charge if finance is being obtained or, if permitted by both parties, acting for the lender;
- If the property is leasehold, liaising with the landlord if consent to assign (transfer) the lease is required or if the buyer is to covenant directly with the landlord;
- Liaising with the agent throughout;
- Where applicable, liaising with surveyors, planning consultants and other professionals;
- Reporting to the client and liaising in respect of any queries which they may raise;
- Agreeing the form of the transaction documents (including drafting the transfer) and reporting on the same;
- Agreeing a completion date;
- Making the necessary arrangements in respect of funds to be received from the client and lender (where applicable); and
- Post-completion, attending to registration formalities and payment of stamp duty land tax.
Sale
- Taking initial instructions and providing initial advice;
- Preparing the sales pack (including protocol forms and draft contract);
- Responding to the additional enquiries raised by the purchaser;
- Liaising with the agent throughout;
- If the property is leasehold, liaising with the landlord if consent to assign (transfer) the lease is required or if the buyer is to covenant directly with the landlord;
- Agreeing the form of the transaction documents;
- Undertaking additional searches if required; and
- Completing the sale.
Timescales
Timescales for conveyancing are led by our clients. We frequently exchange high-value transactions in five working days or less. However, sometimes due to complexities, perhaps relating to planning issues or tax considerations, clients may wish for transactions to proceed at a slower pace. We endeavour to adhere to our clients’ requested time-frames in each case. Timeframes may also be dependent on external factors such as a funding bank’s review and approval of the title documents and other documentation relating to the transaction.
Our usual timeframe to exchange and complete a transaction is three to six weeks, although this can be more or less and longer completion dates can be agreed if required.
The team
The team working on a conveyancing matter will always be supervised by a partner and will usually also consist of a senior counsel or senior associate or an associate and a trainee or Chartered Legal Executive (depending on the nature and complexity of the matter). The names of the people advising you would be set out in the engagement letter, if you instructed us. Details of the qualifications and experience of the supervisors and lawyers in the team can be obtained by following the link above.
Our Fees
Our fees will reflect the particular requirements of your transaction. Fees will be based on a range of factors, including but not limited to:
- The value of the property;
- Whether or not the property is listed;
- Planning or building regulations issues;
- Construction issues;
- Whether finance is to be obtained and, if so, whether the bank is to be separately represented;
- Whether the land is registered;
- Timescales for the transaction;
- Whether the transaction requires vacant possession to be first achieved i.e. tenants or third parties to vacate;
- Whether the transaction is conditional e.g. conditional on the grant of planning permission;
- The future intention for the property e.g. whether the property is to be redeveloped; and
- Whether tax advice is required as part of the transaction.
Consequently, it is difficult to provide a meaningful estimate without details of the property and proposed transaction (but circumstances of particular transactions may mean that a quotation is higher e.g. if a purchase involves any element of enfranchisement). However, by way of rough guide, our fees for conveyancing would typically fall within the following ranges:
- Purchase: £6,000 for a cash purchase of a non-development freehold property worth up to £2,000,000 to e.g. £40,000 for complex high-value transactions (plus VAT at 20% and disbursements (see further below)).
- Sale: £6,000 for a sale of a non-development freehold property worth up to £2,000,000 to e.g. £30,000 for complex high-value transactions (plus VAT at 20% and disbursements).
- Re-financing: £3,500 to £5,500 depending on the factors set out above (as applicable) (plus VAT at 20% and disbursements).
Our fees are generally fixed for transactional real estate matters (so we do not charge on the basis of the time incurred) and are based on certain assumptions which are set out in full in our engagement letter (and which we summarise below). Should matters abort we will charge a percentage of the fixed fee based on the point the transaction reached where it had aborted.
For certain matters (usually where matters are more complex or bespoke) we will provide a fee estimate where this is appropriate (so the fee is not fixed and is based on our hourly rates) and the circumstances may result in an estimate being higher or lower depending on matters that emerge during the course of the transaction. We will always advise if particular complications arise which mean that we are likely to exceed our fee estimate.
We will also set out the basis of our charges (whether an estimate or fixed fee) in our engagement letter so you understand how you will be charged for the specific matter.
We will quote for residential conveyancing on the basis of certain assumptions. Some assumptions may be specific to a particular matter, but our usual assumptions for a sale or purchase are as follows:
- Exchange and completion take place in accordance with the contract and the timeframe set out in at the outset of the matter;
- For sales, we are only required to deal with one purchaser
- No unusual issues arise in the negotiation and agreement of the transaction documents and negotiations do not become unduly complicated and/or protracted;
- For a purchase, we will assume either that finance will or will not be obtained and, if so, whether the bank will be separately represented;
- No unusual planning or construction issues arise;
- Our advice is limited to the UK; and
- All meetings are held in London.
Exceptionally, for example in the case of the purchase of a corporate vehicle holding high value residential property, our fees will fall outside this range.
Our fees will be based on the hourly rates of our real estate team, which are currently as follows:
| Role | Rate |
| Partner | £640 – £795 |
| Senior Counsel/ Counsel | £605 |
| Senior Associate/ Associate | £385 – £585 |
| Chartered Legal Executive (CILEx) | £360 |
| Trainee | £275 |
| Paralegal | £155 |
VAT (at 20%) is always charged in addition to our fees and disbursements (where applicable).
Our fees are reviewed annually on 1 May.
Third Party Expenses
Third party expenses are charged in addition to our fees for real estate matters and can include, but are not necessarily limited to:
- Land Registry registration and search fees (registration fees range from £20 to £910 (VAT is not payable on these fees), priority searches and obtaining official copies of the register are £7 each and bankruptcy searches are £2 per person) (VAT is not payable on these costs);
- Usual conveyancing search fees (by way of example, a suite of searches for a residential property purchase is likely to be in the region of £500 – £1,000 (inclusive of VAT at 20% as applicable) but can in certain circumstances be more);
- Indemnity insurance policies (these can range from around £100 for lower-value, boilerplate policies to several thousands of pounds for bespoke policies where the risks involved are higher);
- Landlords’ notice fees (payable on the transfer of leasehold property) (these are typically in the region of £75 – £200 (inclusive of VAT and 20%) per notice i.e. for notice of transfer and charge);
- Landlord’s management pack (payable on the transfer of leasehold property) (these are typically in the region of £500 – £1,500 (inclusive of VAT at 20%));
- Other solicitors’ fees (e.g. a bank or landlord’s solicitor or overseas counsel if a legal opinion is required for a purchase from or to an overseas company) (these can vary significantly depending on the nature of the solicitors’ involvement from, at the lowest end of the scale, £500 to, at the higher end for complex advice, £8,000 (inclusive of VAT (if applicable) at 20%));
- Agent’s fees (these will vary significantly depending on the nature and value of the transaction and are usually expressed as a percentage of the value of the property and our experience of commissions in London is generally between 1% and 2% of the sale price (exclusive of VAT at 20% which is charged for in addition to the fee));
- Counsel’s fees (these will vary depending on the nature and scope of the advice sought and on Counsel’s experience from approximately £1,500 for a simple, discrete piece of advice to £10,000 for more complex or ongoing advice and we would note that, exceptionally, Counsel’s fees may exceed this range and fees will generally attract VAT at 20%);
- Stamp duty land tax (which will depend on the value of the property and the applicable rate and which can be calculated for typical residential conveyancing transactions using HMRC’s online calculator here).
[1] An estate where a full inheritance tax account is not required, where the deceased died on or after 6 April 2004, domiciled in the United Kingdom, and whose gross value (including the deceased’s share of jointly owned assets, any specified transfers and specified exempt transfers) does not exceed the inheritance tax nil rate band or where the gross value of the estate does not exceed £1,000,000 and there can be no liability to inheritance tax, because spouse or civil partner exemption, or charity exemption, bring the estate below the inheritance tax nil rate band or estates of deceased individuals who died on or after 6 April 2002 and who were domiciled outside the UK at the date of their death; had never been domiciled in the UK during their lifetime; had never been deemed domiciled in the UK for the purposes of section 267 of the Inheritance Tax Act 1984; and the value of their estate situated in the UK consists only of cash or quoted shares or securities passing under their will or intestacy or by survivorship, the gross value of which does not exceed specified limits.
[2] Agricultural property relief and business property relief from inheritance tax.