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Administering an estate: charging probate

Question

I am a solicitor dealing with the administration of an estate. Does the Law Society provide any information on charging in probate and the administration of estates?

Answer

Yes. You may wish to refer to the non-contentious costs booklet published by the Law Society's Practice Advice Service. Article 3 of the Solicitors' (Non-Contentious Business) Remuneration Order 2009 states that a solicitor's remuneration in non-contentious business shall be such sum as may be fair and reasonable having regard to all the circumstances of the case. The booklet also discusses the leading case of Jemma Trust v Liptrott [2003] EWCA Civ 1476 which looked at the issue of charging a value element in probate matters. For further information on the booklet please see our advice booklets page.

Contact the Practice Advice Service

Call us on 0870 606 2522 or email practiceadvice@lawsociety.org.uk

Disclaimer

While every effort has been made to ensure the accuracy of the information provided by the Practice Advice Service, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

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