OUR SERVICES
WILLS
Have you made a Will yet? No. Well, read on.
Was that yes you said then you must remember that marriage or a civil partnership will revoke your Will; that means it has no further effect, unless it was made in anticipation of either of those events.
It’s equally true that Divorce or Annulment of the marriage usually impairs any gifts to a former spouse.
Consider the confusion that may occur for your family and friends at a most difficult time for them if you do not have a valid Will.
Making a Will gives you control about what happens to your assets; whether they amount to a great deal in monetary or sentimental value.
Without a Will those you care for the most may not receive what you wanted them to have.
Making a Will is one of the most important services a solicitor can provide for a Client.
Apart from deciding how your assets are distributed, you can also decide who should do this for you. You can make particular arrangements for your children to secure their future welfare.
Making a Will can be particularly important if you are not married to your partner.
The cost is not high and will give you peace of mind. We can provide you with a questionnaire to help you make your decisions.
But a Will is not something that you do and then forget about. As your circumstances in life change such as marriages in the family and births, you may want to reconsider and alter what you previously decided.
PROBATE AND ADMINISTRATION OF ESTATES
When someone dies all their assets (known as their ESTATE) become frozen and no one can deal with their bank accounts or property until the Court authorises someone to deal with them.
This can be a difficult time for family and close friends.
The process to be followed will depend on whether there is a Will.
Probate is issued by the Court to Executors when there is a Will. Letters of Administration are required when there is not a Will of the Will is invalid.
This legal process is required to give someone (it can be to more than one person) legal authority to pay collect money and assets, pay-out money and deal with the property of the deceased person. It is their responsibility to pay any tax due from the Estate. It also gives confirmation people and organisations that this person has the authority to deal with the assets of the deceased person.
Most Estates are finalised within a year; but this is a generalisation. There is no fixed timescale. Much depends on the size and value of the Estate and the complexity of the Will.
We could deal with this for you or, in simpler cases, you may simply want some advice from us and then deal with it yourself; knowing that if the need arises you can come back to us to advise or take the matter over for you.
RESIDENTIAL CONVEYANCING
The work involved in buying or selling property or taking a mortgage will be dealt with either Frazine Johnson Solicitor/Partner (25 Years Experience) or George Curran Solicitor/Partner (30 Years Experience)
This is how we describe the processes of buying or selling houses/flats.
Some people say this is likely to be the most important contract you make during life; but then again there is marriage/civil partnerships.
In any event it is a very important transaction for you, and we recognise that it is also a stressful time for you.
It is a complex legal process that uses expressions you will be unfamiliar with.
We will explain the process and the documents to you and point out the significant steps as we, together, move through the process.
This is usually an exciting time for you, but it often involves significant expenditure which can cause anxiety.
We will explain at the very beginning what those costs are likely to be in addition to the price of the property.
But until we know whether we are dealing with a freehold or leasehold property we may not know the full extent of these additional costs and charges; some are imposed by landlords that we only become aware of after we have started the work. As always, we will tell you what they are as soon as we know what they are.
It may be that your transaction involves taking or paying off a mortgage. We will deal with that as part of the overall process.
How long will it take, you ask. Sadly, there is no accurate answer.
It depends on how many properties are involved in the process between you and the people you are dealing with. Also, how quickly everyone wants to go; we are usually restricted to the speed of the slowest party. Nevertheless, we will keep you up to date with progress so that you can talk to the Estate Agents and other parties to move the process on.
MATRIMONIAL
Divorce and Separation begin as a relationship ends. We will guide you with sensitivity through what can be a very traumatic time.
We will seek to avoid contentious arguments and proceedings. We will not take part in unnecessary arguments or correspondence. But this does not mean you will lack proper representation.
Our approach is to be constructive at this time when there may be conflict; and to obtain a satisfactory outcome, particularly if there are children’s interests to safeguard.
There are times when good sense and argument do not prevail. At such times we will ensure there is clear and strong representation.
The process of obtaining a divorce is relatively straightforward. You must have been married for at least one year and there is only one ground for divorce; which is that the marriage has irretrievably broken down.
The areas of difficulty tend to relate to the division of the assets, be they money, property or pension rights.
Arrangements for looking after children and making appropriate financial provisions can cause problems. But it is wise to remember that the Court will be particularly keen to ensure that, from the assets available, proper provision is made for their welfare.
How long will it take and what will it cost? It can be quite straightforward and take a relatively short time. Much depends on the willingness of both parties to be realistic about the division of the assets and the arrangements for children. The alternative is also true. Sometimes arguments can be made unnecessarily and demands for assets can be unrealistic. These factors reflect themselves in the time required to deal with them and are then reflected in time costs in the bill.
We will keep you informed of progress and seek to take a pragmatic and realistic approach to all issues. It is important to appreciate that the Court will not endorse unrealistic aspirations.
LOCAL GOVERNMENT
We have extensive experience of local government and its working arrangements.
These can, at times be quite complex to understand and cause members of the public to be profoundly confused or frustrated.
There are times when Councils decline, for whatever reason to provide a proper response to enquiries or representations made to them. We have direct experience of holding them to account; whether they be employees or elected members of the Council.
It really does not matter which department, directorate or Council you are dealing with. They all have their procedures, practices and standards that they must comply with. Equally they are all subject to monitoring and supervision and can be called to account.
Our experience enables us to cut through the `red-tape` and procedures; to understand their internal language to ensure that your interests or enquiries are properly and thoroughly dealt with.
POWERS OF ATTORNEY
A Power of Attorney is a legal document that gives another person(s) authority to make decisions and act for you. These enable other people to act for you when you are not able to act for yourself.
This could be as simple as going on holiday and need to have some documents signed while you are away. Alternatively, you may wish to make arrangements in case you do not have physical or mental capacity.
A Power of Attorney for someone to sign papers while you are away is quite straightforward and inexpensive. As suggested, it can be limited in time and in respect of the purpose for which it is made.
A Lasting Power of Attorney (replacing the Enduring Power of Attorney) is more complicated and more costly. We do not apologise for the fact that the documentation that must be completed is complex and the order in which actions are done is very structured. We have no control over those issues.
These may relate to either your property and finances or your personal welfare. The first is self-explanatory. The second enables someone to make decisions about your welfare and health, but only after you have lost the mental capacity to do this for yourself.
Though it may be complex it is much more preferable to making application to the Office of Public Guardian to have a Receiver appointed. By taking action yourself, you can appoint the Attorney you want and trust rather than having someone appointed who you may not know.
We can assist you through the process to ensure that everything is done correctly so that the arrangements you want to make are properly completed and registered.
LANDLORD AND TENANT
Are you a landlord or a tenant? Are you about to take, renew or grant a lease?
These usually relate to business premises, but are not restricted to that type of premises.
Whether you are a landlord or tenant your rights and obligations can be complex and onerous; are you fully aware of what is expected of you; it is vital that you are.
These issues are not restricted to the premises themselves; you also need to consider equality legislation regarding disability discrimination, race and sex discrimination and the Health and Safety at Work Act.
We can assist you to ensure clarification of who is responsible for the various parts of the premises, who should be doing repairs, the frequency of decoration, the display of signs and many other common features of leases. What payments should be made, how often and who to. What about gas, electricity, and Council Tax payments; they can mount up if they are not paid. It is often the case that the higher the bill the greater is the argument about responsibility.
Who should make sure there is proper insurance cover and who pays for it; not always the same person.
If the repairs are not done or the rent and other payments are not being made what can be done. Whether you are the Tenant or the Landlord we can help you to protect yourself and enforce your rights.
DEBT COLLECTION
We do not provide a debt collection service.
COSTS
Selling Property
Below is a general indication of the service we will provide for you but this may alter to reflect changes that occur.
The process begins when we receive instructions from you to sell your property, the agreed price and details of the Buyer. This may also come to us from the Estate Agent. Your Estate Agent will also send to us an Energy Performance Certificate.
We are required to prove your identity and we will ask you to provide information about the property as well as, details of any items to be sold with it or to be removed. We will also obtain information from the Land Registry regarding the property.
If the property is not freehold your ownership will be in the form of a Lease. In this situation the work will be more complex and we will have to obtain information from the Landlord and any Managing Agent they have appointed. This may incur additional fees.
Armed with all this information we will then prepare a Contract for the sale.
The Contract and all the information received will then be sent to the solicitors representing the Buyer.
They will examine this information and ask questions in accordance with the instructions they have received from the Buyer if they think the information supplied is either unclear or not complete.
When the Buyer’s solicitor is satisfied with all the information provided and has received satisfactory replies to any enquiries or investigations they have made it will then be possible to Exchange Contracts and we will report to you to take your further instructions regarding exchange of contracts and your preferred arrangements for completion.
Before taking the step to Exchange Contracts either party can decide that they do not wish to proceed and there are no financial consequences between the Parties but each Party will probably have their own legal fees to pay. The step of exchanging contracts creates a legal relationship between the parties. If after this step either party decides that they do not want to go ahead and finalise the transaction there are likely to be financial consequences.
At the time when contracts are exchanged the date for completing the transaction will be agreed. We will consult you to make sure that the date agreed is one that is acceptable to you. This date is known as the Completion Date and is the date when you must move out of the property if you have not already done so.
At Exchange the Buyers will also pay to us a deposit as part of the purchase price; this is usually 10% of the full price.
The period of time from receiving your initial instructions to exchange of contracts is variable but is approximately 10 weeks.
After the Exchange of Contracts, we will receive from the Buyer’s solicitor the legal document (the Transfer) that will transfer ownership from you to the Buyers, for approval and for signing by you. If there is a current mortgage we will also obtain from the Lender details of how much money must be sent to them to repay the mortgage on the Completion Date.
On the Completion Date we will receive the balance of the purchase monies and send the Transfer to the Buyer’s solicitor to transfer ownership of the property. If there is a mortgage we will also send money to the Lender to repay the loan and take steps to ensure that the Legal Charge is removed.
We will also pay the Estate Agents invoice if you wish us to do so.
When the balance of the purchase monies is received we will let you know that the sale has been completed. We also inform the Estate Agents they can give the keys of the property to the Buyers.
To finalise the transaction, we will provide you with a financial statement showing all monies we have received and spent on your behalf and send you the balance.
The period of time from Exchange to Completion is variable but is usually about 2 weeks.
Selling: This is how the cost is worked out
It’s not one single figure but the total of a number of elements.
These costs are based on a property which is registered at the Land Registry and are only indicative because we do not know the full details of your transaction or circumstances.
If it is discovered that the legal title is defective or there are missing documents; or that Building Regulation Approvals or Planning Permissions or other approvals do not exist these will require additional work and are not included in these quoted costs. If those issues require additional work this may be reflected in additional fees being charged; we will inform you of the amount.
Professional Fees
The matrix below which relates to “Buying and Selling Property” will show the amount of our fees for selling a freehold house of the value of your property and the related VAT.
For the sale of a leasehold property, we will charge additional fees of £350 + VAT.
Typical disbursements include:
Land Registry documents up to £10.00
Electronic money transfer (incl VAT) £42.00
Landlord/Management Company (incl VAT) £200.00 – £400.00
Buying Property
Below is a general indication of the service we will provide for you but this may alter to reflect changes that occur.
We will initially take instructions from you about the transaction including the price agreed, whether you will need a mortgage and whether you are also selling a property; in which case you might want us to co-ordinate the transactions to ensure that you complete both transactions on the same day.
We also need to know if the property is freehold or leasehold as this affects the amount and nature of the work to be done and the fees.
Whether you are a first-time buyer, or replacing your current home or buying for investment purposes will affect the amount of Stamp Duty Land Tax payable by you.
We are required to prove your identity and will need to know if you are buying on your own or with another person. We will ask you to provide information about the property and details of any items to be bought as part of the transaction. We will also need to clarify with you the availability and source of monies needed to fund the purchase.
The Solicitors for the Seller will provide us with a Contract for the Purchase together with a range of background information about the property.
If you are buying with the assistance of a mortgage we will initiate a range of searches which are obligatory as a condition of your loan; these searches are sent to the local Council, the water and drainage suppliers and also to check a range of environmental matters. If you will not have a mortgage we will discuss with you the benefit of making these searches and you can decide if they should be undertaken.
If the property is leasehold we will require from the seller’s solicitor additional information from the landlord and management company, which may be quite extensive.
We will examine all the information received and arising from our searches and discuss this with you. If there are areas of uncertainty we will make further enquiries. Once we are happy with all the information received we will be ready to Exchange Contracts and we will report to you to take your further instructions regarding the exchange of contracts and your preferred arrangements for completion.
Before taking the step to Exchange Contracts either party can decide that they do not wish to proceed and there are no financial consequences between the Parties but each Party will probably have their own legal fees to pay. The step of exchanging contracts creates a legal relationship between the parties. If after this step either party decides that they do not want to go ahead and finalise the transaction there are likely to be financial consequences.
At the time when contracts are exchanged the date for completing the transaction will be agreed. We will consult with you to make sure that the date agreed is one that is acceptable to you. This date is known as the Completion Date and is the date when you will become the owner of the property and can move in. If you have a related sale we will seek to ensure that the Completion Date for both transactions is the same.
At Exchange you will have to pay to the Seller’s solicitor a deposit as part of the purchase price; this is usually 10% of the full price but can be less with agreement. The deposit received on a related sale is usually used as the deposit on your purchase. Sometimes additional money may be required from you.
The period of time from receiving your initial instructions to exchange of contracts is variable but is approximately 10 weeks.
After Exchange we will prepare the document which the Seller signs to transfer ownership of the property to you when they receive the balance of the purchase money. We will also make searches of the Land Registry to make sure that there have been no changes to the registered information initially provided to us.
If there is to be a mortgage we must also make a search to ensure that you are not bankrupt and we will send a report to the Lender asking that they send us the mortgage monies in time to complete the purchase on the agreed date.
On the Completion Date we will send the balance of the purchase monies to the Seller’s solicitors and receive confirmation that you will be able to collect the keys for the property; usually from the Estate Agent, and then move in.
Following Completion we will pay any Stamp Duty Land Tax that is due to be paid. We will also make an application to the Land Registry to register your ownership and any related mortgage. When that is completed we will provide you with details of your registration.
If you are buying a leasehold property we will also register your ownership with your Landlord and any relevant Management Company. The information received from the landlord and management company will disclose if it is necessary for you to enter into a special relationship with them and to take up shares and/or take an active role in the management company. We will provide you with the details of these requirements.
To finalise the transaction we will provide you with a financial statement showing all monies we have received and spent on your behalf and send you the balance.
The period of time from Exchange to Completion is variable but is usually about 2 weeks. But the time from Completion to finalisation of your registration can be quite long depending on the current number of applications made to the Land Registry; this can be a few months.
Buying: This is how the cost is worked out
It’s not one single figure but the total of a number of elements.
These costs are based on a freehold property which is registered at the Land Registry and are only indicative as we do not know the full details of your transaction or circumstances.
If it is discovered that the legal title is defective or there are missing documents; or that Building Regulation Approvals or Planning Permissions or other approvals do not exist these will require additional work and are not included in these quoted costs. If these issues require additional work this may be reflected in additional fees being charged. We will inform you of the amount.
The matrix below shows the amount of our fees for buying a freehold house of the value of your property and the related VAT.
For the purchase of a leasehold property, “new build” property and for a “help to buy” purchase an additional fee of £350 + VAT for each circumstance.
DISBURSEMENTS (payments to third parties on your behalf)
In addition to the above fees the following costs will also usually be incurred:-
All these disbursement costs will be applicable to whoever acts for you and there is unlikely to be any significant differences from one firm to another.
FEES FOR BUYING AND SELLING PROPERTY |
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Transaction Price | Professional Fees | VAT | Total |
Up to £300,000 | £900.00 | £180.00 | £1,080.00 |
£300,001 to £350,000 | £1,190.00 | £238.00 | £1,428.00 |
£350,001 to £500,000 | £1,250.00 | £250.00 | £1,500.00 |
£500,001 to £650,000 | £1,300.00 | £260.00 | £1,560.00 |
£650,001 to £800,000 | £1,400.00 | £280.00 | £1,680.00 |
£800,001 to £950,000 | £1,700.00 | £340.00 | £2,040.00 |
£950,001 to £1,250,000 | £2,125.00 | £425.00 | £2,550.00 |
£1,250,001 to £1,500,000 | £2,550.00 | £510.00 | £3,060.00 |
£1,500,001 to £2,000,000 | £3,400.00 | £680.00 | £4,080.00 |
Above £2,000,000 we do not carry out transactions above this figure.
Mortgages and Re-mortgages
Below is a general indication of the service we will provide for you but this may alter to reflect changes that occur.
Most mortgages are taken out when a property is bought. This section deals with the circumstances when a mortgage is obtained unrelated to a purchase.
In most circumstances the work closely resembles that of buying a property.
Mortgage and re-mortgages: This is how the cost is worked out
It’s not one single figure but the total of a number of elements.
These costs are based on a property which is registered at the Land Registry and are only indicative as we do not know the full details of your transaction or circumstances.
If it is discovered that the legal title is defective or there are missing documents; or that any required approvals do not exist these will require additional work and are not included in these quoted costs. You will be informed of any additional fees.
Professional Fees
The matrix below will show the amount of our fees for a mortgage or re mortgage of the value of your intended mortgage;
Mortgage Value | Professional Fees | VAT | Total |
Up to £300,000 | £675.00 | £135.00 | £810.00 |
£300,001 to £350,000 | £895.00 | £179.00 | £1,074.00 |
£350,001 to £500,000 | £940.00 | £188.00 | £1,128.00 |
£500,001 to £650,000 | £975.00 | £195.00 | £1,170.00 |
£650,001 to £800,000 | £1,050.00 | £210.00 | £1,260.00 |
£800,001 to £950,000 | £1,275.00 | £255.00 | £1,530.00 |
£950,001 to £1,250,000 | £1,600.00 | £320.00 | £1,920.00 |
£1,250,001 to £1,500,000 | £1,920.00 | £384.00 | £2,304.00 |
£1,500,001 to £2,000,000 | £2,400.00 | £480.00 | £28,880.00 |
Above £2,000,000 we do not carry out transactions above this figure.
Administration of Estate (Probate)
Below is a general indication of the service we will provide for you but this may alter to reflect changes that occur.
The work will be carried out by Frazine Johnson Solicitor/Partner (with 25 years experience)
The cost is not one single figure but the total of a number of elements.
These costs are based on an uncomplicated Estate are only indicative as we do not know the full details of the circumstances.
If it is discovered that there are missing documents; or that the legal title to any property to be sold is defective these will require additional work and are not included in these quoted
We will handle the payment of these on your behalf to ensure a smoother process.
As you can appreciate the timescale from start to finish can be anything from 3-6 months and in very complex cases, for example which involve overseas assets and pensions even longer. The timescale will also be affected by how long it might take to sell a property and the speed of response of the organisations and persons we have to deal with. You will be kept informed as to progress and given an estimate as to how long it will take to complete the outstanding stages.
COMPLAINTS & EXTERNAL REVIEW
We want to give you the best possible service. However, if at any point you become unhappy or concerned about the service we have provided then you should tell us immediately so that we can do our best to resolve the problem.
Below is our Complaints Procedure together with details how you may refer your complaint to the Solicitors Regulation Authority or the Legal Ombudsman.
Our complaints policy
We are committed to providing a high-quality legal service to all clients. When something goes wrong or you are otherwise dissatisfied we need you to tell us about it. This will help the Practice to maintain and improve its standards. Any expression of dissatisfaction with our service to you is a complaint.
Our complaints procedure
If you have a complaint, please contact the person who you have been dealing with (the “relevant person”) and give them full details of your complaint.
What will happen next?
If they need to clarify anything or ask you to explain the details of your complaint they will ask you for this then or may write to you acknowledging receipt of the complaint and request the clarification or explanation. You can expect to receive their letter within five working days of them receiving your complaint.
At the same time the “relevant person” will record your complaint in the Practice’s central register and open a file for your complaint. This is to allow monitoring and supervision within the Practice.
After receipt of any extra information from you and within twenty one working day of receipt of your complaint the relevant person will seek to resolve your complaint with you. If this is not possible you will be informed that an investigation of your complaint will be undertaken by another person within the Practice; the Investigating Person.
The “relevant person” will then pass your complaint to the Investigating Person who will then investigate your complaint taking account of the initial attempt to resolve it. The Investigating Person will:
External Review
If having used the Complaints Procedure of the firm you remain dissatisfied with the final solution proposed you have the opportunity to refer your complaint to either the Solicitors Regulation Authority (SRA) or the Legal Ombudsman (LeO).
The SRA can help you if you are concerned about our behaviour. This could include things like dishonesty, loss of money or treating you unfairly because of your age, a disability or other characteristic.
The complaint should be sent to the SRA at The Cube, 199 Wharfside, Birmingham BN1 1RN; telephone 0370 606 2555.
LeO will receive complaints if you are unhappy with a solicitor’s work or service. They will look at your complaint independently and it will not affect how we handle your case.
Before accepting a complaint for investigation LeO will check that you have tried to resolve it with us first.
If you have, you must make your complaint to LeO within 6 month of receiving our final response and no more than 1 year from the date of the act or omission being complained about; or no more than 1 year from the date when you should reasonably have known that there was a cause for complaint.
You can send your complaint to the Legal Ombudsman at P O Box 6167 Slough SL1 0EH
Authorised and Regulated by the Solicitors Regulation Authority, Number 79154