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Service Charges - 

Court of Protection
Property and Affairs applications

Property and Affairs Deputyship

This is the most common form of application that is made to the Court of Protection.  If it is a simple application it can be dealt with by an administrative officer without the need to go before a judge.  We can assist with all elements of the application process, including the completion of the application papers, service of documents and liaising with the Court.  We will include one urgent application request in our costs. 

Our charges to assist with the full application process will be £3,000 plus VAT.

Appointment of New Trustee

It is often necessary to appoint a new trustee if one trustee loses capacity.  The need for an application depends upon whether the trustee is also a beneficiary of the trust and the level of benefit they receive from the trust.  Sometimes it is also necessary to appoint a new trustee in connection with the sale and purchase of a property.  This is a simple application that should be dealt with by an administrative officer without the need to go before a judge.  We can assist with all elements of the application process including the completion of the application papers, service of documents and liaising with the Court. 

 

Our charges to assist with this process will be £2,000 plus VAT together with any charges for drafting deeds of appointment as detailed in our trust administration fee list.

To make a gift

It is possible to make gifts for a person who lacks capacity but this has to be with the approval of the Court of Protection.  An application is therefore required which sets out the reasons the gift needs to be made and the financial implications on the incapacitated person both before and after.  Argo will only make an application for a gift if it feels that it is likely to succeed.  There will be several factors that will impact upon this decision. We can assist with all elements of the application process, including the completion of the application papers, service of documents and liaising with the Court.

 

Our charges for the preparation of the application paperwork and prescribed process will be in £3,500 plus VAT.

If the Court require further evidence at a hearing additional costs will be incurred in line with our hourly rates.  In these circumstances it may be necessary for a Barrister to be appointed to attend Court on your behalf and for additional statements and reports to be provided.  If this is required we will discuss costs with you but would advise these will also be charged at our hourly rates.

To undertake tax planning

The Court of Protection is amenable to applications to undertake tax planning exercises for individuals lacking capacity if they can see that it will have true value to their estate.  An application is therefore required which sets out the reasons the tax planning exercise needs to be completed and the financial implications on the incapacitated person both before and after.  Argo will only make an application for this if it feels that it is likely to succeed.  There will be several factors that will impact upon this decision. We can assist with all elements of the application process, including the completion of the application papers, service of documents and liaising with the Court. Our charges for the preparation of the application paperwork and prescribed process will be £4,000 plus VAT.

If the Court require further evidence at a hearing, additional costs will be incurred in line with our hourly rates.  In these circumstances it may be necessary for a Barrister to be appointed to attend Court on your behalf and for additional statements and reports to be provided.  If this is required we will discuss costs with you but would advise these will also be charged at our hourly rates.

To make a statutory will

Not may people realise that it is possible to make an application to the Court of Protection to amend or make a new will for a person who lacks capacity.  An application is therefore required which sets out the reasons the will needs completed, the financial implications on the incapacitated person both before and after death and a draft will must be submitted for consideration.  It will be necessary as part of the process to serve the application on new and existing beneficiaries.  We can assist with all elements of the application process, including the completion of the application papers, service of documents and liaising with the Court.

 

Our charges for the preparation of the application paperwork and prescribed process will be in the region of £3,000 plus VAT for a non urgent application together with a fixed charge for drafting the will detailed in our will fee list.

A statutory will application often needs to be made in an emergency which may require work to be completed outside the normal working hours. If this is the case charges will be in the region of £5,000 plus VAT.

We will try wherever possible to settle the terms of a will on paper, with all parties agreeing to what is presented to the Court.  If this is not possible it is likely the Court will require further evidence at a hearing, particularly if the application is challenged.  If this situation arises additional costs will be incurred in line with our hourly rates.  In these circumstances it may be necessary for a Barrister to be appointed to attend Court on your behalf and for additional statements and reports to be provided.  If this is required we will discuss costs with you but would advise these will also be charged at our hourly rates. To prepare for a directions hearing for the Court to provide timetable directions or action requests our costs could be in the region of £5,000 plus VAT.   We cannot advise how many directions hearing will be necessary before a final contested hearing takes place.   To prepare for a contested hearing our costs could be in the region of £10,000 to £15,000 plus VAT in addition to any costs charged by a Barrister to represent you.

In addition costs will be incurred by the Official Solicitor who will be engaged on behalf of the individual whose will is being considered.  They will be responsible for ensuring the terms of the will are in the best interests of the individual and the Court will expect them to provide an opinion.  We cannot advise how much these costs will be.

Other charges

Court of Protection charges

Application fee                                                                                  £365

Insurance charges (Deputy bond)                                                  varies according to estate size

Appointment of deputy fee                                                             £100

Annual supervision fee                                                                    set by OPG

 

Disbursements

These are fees that are payable to third parties other than Argo for other services that may be provided.  You may encounter the following charges:-

H M Land Registry office copy entry fee                                        £3 to £6 per property

H M Land Registry land charges                                                     subject to valuation of property

Costs draftsman fees                                                                      £250 to £500 plus VAT

Supreme Court Costs Office fee                                                     £85

Electronic identification check                                                        £15 plus VAT (per name)

Photocopying charges                                                                     £25 plus VAT

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