Solicitor has paid Probate stamp duty on our behalf to speed up the process. We were not aware this was happening even. He has requested the sum to be refunded into his account, but refuses to provide any proof of payment, or breakdown of costs. We were given a figure (which I think is correct tbh) but feel there should be some paperwork to back it up. Can a solicitor just demand a large sum of money without at least providing a breakdown of costs? The probate office don't issue invoices apparently.
Solicitor and probate fees
- Thread starter Lizard
- Start date
Solicitors fees, which would include any probate office costs, are usually settled out of the estate when Grant of Probate is extracted.
The probate office provide receipts to the person who paid the fee.
Is it likely that there won't be sufficient funds in the estate to settle all the bills?
The probate office provide receipts to the person who paid the fee.
Is it likely that there won't be sufficient funds in the estate to settle all the bills?
This seems confusing and contradictory?
You're entitled to some supporting paperwork in my view before you make a payment.
I've not come across a request like this before, generally the reimbursements are completed from the estate.
But I wonder if the Solicitor is concerned there won't be sufficient funds?
I've not come across a request like this before, generally the reimbursements are completed from the estate.
But I wonder if the Solicitor is concerned there won't be sufficient funds?
There is sufficient funds. Solicitor made the payment from the office account without consulting us. We are happy to pay him back but he refuses to provide us with the paperwork. Although, like you said, this reimbursement should be paid from the estate once we get the grant of probate.
As to that, the fact that you instructed them to extract Probate is de facto acceptance of the charge at least for the Probate Office Fee.
Perhaps at this point you should ask for their estimate of fees & costs.
I checked letter from solicitor - We did get an estimate of fees and costs - Outlays must be discharged by us (which includes probate fees).
We would have paid the fee, but solicitor went ahead and paid it himself in order to save time, and then asked us to reimburse him.
Surely the Probate office would have sent the solicitor a breakdown of the fee, and a receipt upon payment? And surely it is our right to ask for a copy of this breakdown/receipt? Thanks.
If in the breakdown the fee for the probate is similar to what he paid then surely there is no need to get worried about it? Our solicitor paid the fee for my mother's probate and included in the overall fee to the estate. We did not get a separate receipt for it.
Same here. None of us could be bothered going through the various invoices with a fine-tooth comb by the time that things had dragged on for nearly two years (through no fault of the solicitor - more the Probate Office being particularly jobsworthy).
We don't even have a breakdown. We don't have grant if probate either. This is a fee we have to pay upfront to solicitor.
In that case, you don't have any cause for dispute. Pay them; save your energy for bigger battles.
Agree with DannyBoyD, we were pleased when our solicitor paid the fee to save time also, in our case. We were of the opinion that it expedited the matter.
Lizard also said:
We were given a figure (which I think is correct tbh)
If you generally trust the solicitor then it seems as if you are worrying unnecessarily.
You may also be annoying him if he did what he thought was the right and speedy thing to do and now you are questioning his intentions.
So according to you, you know you have to pay this fee, you know it is about the right amount, you know he is doing his best to expedite the matter for you and now you are not willing to make a payment on account... don't be surprised if your work gets put on the back burner because he won't be as foolish from here on out, he'll do everything exactly by the book even if it does take a few extra months.
Gordon Gekko
Registered User
- Messages
- 7,373
Lizard, you sound like a nightmare client TBH.
The solicitor has done nothing wrong but your behaviour is very strange.
If the solicitor has any sense, he or she should put your stuff to the bottom of the pile and prioritise other work at this stage.
The solicitor has done nothing wrong but your behaviour is very strange.
If the solicitor has any sense, he or she should put your stuff to the bottom of the pile and prioritise other work at this stage.
Brendan Burgess
Founder
- Messages
- 52,118
Jim and Gordon
I don't see why the solicitor would not just send on a copy of the receipt?
Asking for it does not make Lizard difficult.
It sound more like the solicitor is being difficult.
Brendan
I don't see why the solicitor would not just send on a copy of the receipt?
Asking for it does not make Lizard difficult.
It sound more like the solicitor is being difficult.
Brendan
The solicitor is not being difficult. If a solicitor spends money, then his\her own financial records will show the outlay incurred. It is unthinkable (because it would be the stupidest fraud ever) for a solicitor to claim he\she had paid probate office fees if in fact the fees had not been paid.
Some solicitors scan in everything. Some don't. The receipt which issues from the probate office is a hand-written receipt on a piece of paper the size of a compliment slip - a likely candidate for not being scanned in. If papers are lodged by post, the receipt may or may not make its way out to the solicitor (but if lodged by hand, it will be received on the spot). Also, none of this unduly matters because the probate fees paid are inserted on the grant of probate when issued.
Nothing happens in a vacuum. If the OP is asking for a receipt, it is because they want to verify. There is nothing wrong with that except for one thing: the solicitor almost certainly did not price his or her work on this basis.
But now, to get reimbursed for an outlay which was properly advised in advance in writing, the solicitor (who may be remote working) may have to get someone to dig out the paper file, copy the paper (if they even have it) and send it to the client. Or he\she can take roughly the same amount of time explaining this to the client.
Either way, it is adding unbudgeted time and cost to a file at a time when many offices are under immense resource pressure.
But, unfortunately, if the solicitor doesn't do this, they will be leaving themselves open; they may be accused of being difficult.
The lesson for the solicitor is better client communication up front.
Add yet another paragraph into the standard engagement letter about what will be provided and when OR implement (and charge for) enhanced service levels to include copying all receipts and sending them to the client as and when each outlay is incurred.
Some solicitors scan in everything. Some don't. The receipt which issues from the probate office is a hand-written receipt on a piece of paper the size of a compliment slip - a likely candidate for not being scanned in. If papers are lodged by post, the receipt may or may not make its way out to the solicitor (but if lodged by hand, it will be received on the spot). Also, none of this unduly matters because the probate fees paid are inserted on the grant of probate when issued.
Nothing happens in a vacuum. If the OP is asking for a receipt, it is because they want to verify. There is nothing wrong with that except for one thing: the solicitor almost certainly did not price his or her work on this basis.
But now, to get reimbursed for an outlay which was properly advised in advance in writing, the solicitor (who may be remote working) may have to get someone to dig out the paper file, copy the paper (if they even have it) and send it to the client. Or he\she can take roughly the same amount of time explaining this to the client.
Either way, it is adding unbudgeted time and cost to a file at a time when many offices are under immense resource pressure.
But, unfortunately, if the solicitor doesn't do this, they will be leaving themselves open; they may be accused of being difficult.
The lesson for the solicitor is better client communication up front.
Add yet another paragraph into the standard engagement letter about what will be provided and when OR implement (and charge for) enhanced service levels to include copying all receipts and sending them to the client as and when each outlay is incurred.
Last edited:
Curlywurly
Registered User
- Messages
- 66
There are now only 5 different fees payable for Probate and they are all listed on http://www.courtservice.ie (www.courtservice.ie) , The fee is based on the value of the Net Estate. Therefore you can check if the amount requested by the solicitor is the correct fee.