We deal with the following areas of Law with specialist knowledge in some:
Business Law: Setting up of businesses, companies, partnership and other related company affairs.
We are members of the Law society’s Lawyers for Business group. We provide free telephone assistance for 5 minutes under this Law society’s Scheme.
Residential Conveyancing:
including purchase of freehold and leasehold premises. We hold the highly respected quality mark from the Law Society for Residential Conveyancing known as Conveyancing Quality Scheme (CQS quality mark).
Commercial Conveyancing: including purchase of Leasehold and Freehold premises and businesses.
Family Law : being members of Resolution Group we specialise in this area and provide a Legal Service to achieve an amicable resolution without confrontation and with fairness and welfare for children and both parties.
Commercial and Residential Landlord and Tenant Law: Dealing with Repossessions of Commercial and Residential Premises. Collection of Arrears of Rent, Rent Reviews, Renewal of Leases, Section 25 and Section 146 Notices and Landlord and tenant Act Notices etc.
Probate and Wills : We draft Wills and carry out Administration of Estates of deceased persons and also assist with Inheritance Tax Planning and estate Duty. We specialize in this area.
Planning and Environment Law : Town and Country Planning matters and Appeals.
Commercial and Civil Litigation and court cases
Repossessions, Mortgage Arrears and Insolvency, Personal Debts and Bankruptcy.
Power of Attorney, Statutory Declarations, Change of Name Deeds and Affidavits and witnessing Deeds.
Passport Applications Certification.
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Licencing Applications ( Licencing Act 2003 )
These are mainly for business premises and for their owners/managers to obtain permission from the Local Authority (Licencing Authority) to carry out trade of selling alcohol and/or performing entertainment at their respective business premises. Our fees will be charged at an hourly charging rate of £350 and in the case of typical and uncomplicated cases will require 5-6 hours of work. Complex cases can take more time and therefore higher charges will apply. However, we will always agree these higher charges with you before we undertake such work, if not such will not be undertaken.
Disbursements (payments to third parties)
We will make these payments to third parties with your consent to carry out your instructions such as:
- application fee to Licencing authority currently around £190*
- advertising on fees which may vary from £350 to£850
- application fees can vary depending on the type of premises and the location. We will give an accurate figure and agree before we start paying this .
* This may vary.
Our fee includes
- taking your instructions and advising you on the proposed licensing
application, it's requirements and best ways to achieve your objectives - as to particulars of drawings and plans to be submitted
- completing the application for new premises/licence and operating schedule to the Licencing Authority together with plans and supporting documents
- advising our fees payable to the LIcencing Authority
- advising on display of notices and advertisement the premises licence application to the public, method of doing so to satisfy requirements of Licencing Act 2003.
Fee does not include:
- costs of obtaining plans and drawings as required
- attending on pre-consultation meetings
Representation at Licencing sub-committee hearings. If attendance is required we shall give you a separate quote for attendance and representation at the hearing before we undertake such work.
Application process and key stages
- taking instruction, recording instructions and advising on the proposed application
- advise on how to obtain relevant drawings and plans
- if required advising on how to obtain personal licence by the Designated Premises Supervisor (DPS)
- completing and submitting application and supporting documents
- advising on advertisement of application and notice
- advise on how to deal with objections if any
- if required attendance/representation before Licencing Sub Committee (This work is extra to be quoted as above mentioned)
- obtaining the licence on your behalf
Time Scale for Licencing Application
Time scales given below are average and may vary.
Typical application may take 8 weeks or more providing it is straight forward.
Complex application will require more time such as where substantial objections and opposition from various groups.
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Probate
When somebody dies all property and assets belonging to that person needs to be legally divested to the persons who are entitled too receive the same by virtue of a will made by the deceased person, if not under intestacy rules as prescribed by law. This procedure is known as the testimentary procedure which will involve the following legal work to be carried out by a solicitor if so instructed by the personal representative.
Key stages being:
- preparing necessary documentation to apply for Grant of Probate or Letters of Administration as the case may require
- carrying out checks to ensure validity of the Will and if there is no will to apply Intestecy Rules and identify the Personal Representatives and the Beneficiaries and their entitlement
- applying for Grant of Probate or Letters of Administration above and paying the relevant Probate registry fees
- once the Grant is obtained ensuring accurate distribution of estate and if appropriate placing statutory advertisements before distribution
- prior to an application to Probate registry completing HMRC forms to pay appropriate Inheritance Tax and Income Tax if any also advice on Capital Gains
Administration of the Estate
Ensure due Administration of the estate relating to all assets and liabilities of the estate including real property, personal property, stocks and shares etc, and in accordance with the Administration of Estate Act and Non-Contentious Probate Rules.
Our fees and other charges
Our fee for acting in obtaining the Grant and full administration of estate would be 2% of gross value of the estate and disbursements.
The principal disbursements are Probate Registry fee for the Grant which is currently £300. There will also be additional fees for extra copies of the Grant at £1.50 per copy.
In administration of certain estates the Personal Representative/Executors are required to place a statutory advertisements in the London Gazette Newspaper giving notice to potential beneficiaries and creditors. This will require Advertising Charges. This would cost around £200 , but can vary.
"In the case of contested wills and intestacy, the case will be referred to the High Court under Non Contentious Probate Rules and the Senior Courts Act procedures and will be subject to litigation legal costs and will be outside the quotations and work described as above and exclusive."
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Key Stages and Time Scales OF Buying a House
Our quotations given above is inclusive of the following work:
1. If you are the buyer your offer to buy the property is accepted by the seller or via his Agent.
2. You will instruct your solicitor to act on your behalf in the transaction by accepting Terms of Business and Fees/Disbursements for the transaction.
3. Buyer’s Solicitor will receive draft contract documentation from the Seller’s Solicitor.
4. Buyer’s Solicitor then checks the title by reading contract documentation, raising enquiries and carrying out required searches, Buyer’s Solicitor will pay for the searches and other required documents.
5. On receiving all replies to enquiries, searches and other important checks buyer’s solicitor will complete his investigation of title to the property and report to the buyer and the mortgage lender whether the property is suitable to buy. The buyer then replies back, raise queries or confirms whether he is satisfied. At this point the buyer makes the decision to buy having had the benefit of Legal Advice from his solicitor.
6. Once the buyer is happy to go ahead, he pays the contractual deposit usually 10% of the purchase price to his solicitor in readiness of exchange of contracts.
7. Once both the buyer and seller agree on a completion date Contracts are exchanged to complete the transaction on a fixed date which date is final and cannot be changed in normal circumstances.
8. Buyer’s solicitor will make arrangements to complete the transaction on the due date by carrying out final searches, sending out completion statement to the buyer, setting out monies required to complete and report to the lender to arrange and to receive mortgage advance monies on the due date.
9. On the completion date, completion takes place with buyer’s solicitors paying the purchase price to the seller’s solicitor and the seller’s solicitor undertaking to hand over required title documents to the buyer’s solicitor. Release of keys and possession to the buyer arranged via the selling agent.
10. Once the transaction is completed buyer’s solicitor will apply to H.M Revenue & Customs to pay Stamp Duty Land Tax and thereafter apply to H.M Land Registry to register the ownership of the property to the buyer. Please note that this process takes a long period due to delays mainly at H.M. Land Registry. Once new ownership is registered buyer will receive Land Registry title Document and any other deeds from his solicitor thus completing the buying process and the transaction.
Time Scales
Usually, it takes between 4 to 6 weeks to exchange contracts from the time the Buyer’s Solicitor receives Draft Contract Package. However, before that more time is taken by the selling
agent to arrange the deal and arrange the mortgage. Please note that this time scale may have to be extended if the transaction becomes complex and also to tie in with the chain of transactions which sometimes can become quite lengthy. This is particularly so if one party in the chain is buying a new property to be built or any transaction in the chain falls through.
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Selling a House
Process is similar to buying of a property and shall apply in reverse when selling a property like the seller having to find a buyer through the agent instructing your solicitor to act on the sale etc.
If you already own a house, you would remember this process when you bought the property.
Time Scale
Time Scale for selling the property is similar to when buying a property as explained above, however, please bear in mind that again completion of the deal can be delayed due to breakdown of the chain or one party’s transaction falling through. Again, the time scale is 4-6 weeks or more.
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Probate and Administration Process on Death of a Person explained.
The cost estimate we have given above includes the following work:
When a person dies that person no longer owns any property or other assets which need to be transferred over to the rightful person, usually the surviving spouce, children or other close family members. The wishes of the person dying described as the” Testator” is usually set out in a Last Will made by that person, if no Will then this will be governed under Intestacy Rules and Law which is set out by statute. Once a person passes away if you need to be represented by a Solicitor you need to provide all the required information and documents to that solicitor including the Death Certificate, Will and all other important documents of the deceased person, which would be examined by the solicitor who would advise you and take steps to apply for Probate or Letters of Administration as appropriate which is granted by the District Probate Registry. You need the Probate Document in order to get release of large bank balances or deposits and also to facilitate transfer of property and to collect assets of the estate.
Before the transfers can take place, you may have to pay a tax to the government called Inheritance Tax and your solicitor will advise you whether such tax is payable. Not all estates have to pay this tax.
Small estates do not pay this tax.
We have explained to you the solicitor’s costs and other fees involved in the Probate and Administration process elsewhere in this website.
Time Scales
Minimum time required for an estate of moderate value and size would be around 6 months to complete Administration and Distribution of the estate. However, if the estate is very small it may be less , on the other hand if the estate comprises of many assets and properties it could take more time even up to two years and particularly this is so if there are disputes or disagreements between the executors and also the beneficiaries.