Legal processes can seem complex and inaccessible. To support our existing and prospective clients we have created a set of bespoke FAQs to provide more detailed information about our costs, services, and the likely length of time your matter will take. If we have not answered your question, please contact us via our website or by calling 0151 932 0333 and we will be happy to assist you.
Residential Conveyancing FAQs
What are the key stages in the sale and purchase of a property?
Stage 1: Initial Steps/File Opening
The conveyancers acting for both the buyer and seller will have a variety of initial file opening procedures and professional obligations to fulfill such as identity/anti money laundering checks and information gathering requirements. This can take time and so you should not expect the conveyancing itself to start immediately.
Stage 2: Contract Pack
The seller’s conveyancer begins the process by delivering a contract pack to the buyer’s conveyancer. As well as a draft contract this will normally include the legal title deeds/documents and certain protocol forms completed by the seller as well as supplementary information.
Stage 3: Enquiries/Searches
This is normally the longest stage of the transaction. On receipt of the contract papers the buyer’s conveyancer will approve the terms of contract, inspect the legal title, and consider various other information before raising appropriate enquiries. The buyers should also put in hand their searches at this point.
The nature of enquiries depends upon the individual aspects of the property and the issues that arise when considering all the above, including search results and legal matters arising from surveys. There are a significant number of issues that conveyancers are obliged to consider.
The seller’s conveyancer will provide replies to enquiries, and this will often take time depending on the issues raised. Often further documentation is needed from third parties e.g. a local authority for planning permissions/building control certificates, further clarification from the seller, documentation from Land Registry or management information (if buying a leasehold flat) from managing agents. All this information can take time to obtain.
During this stage, a buyer should secure their formal mortgage offer, if they have not done so already. The buyer’s conveyancer may also need to deal with any mortgage conditions/instructions from the lender.
Stage 4: Reporting
A buyer’s conveyancer will prepare a report for the buyer. This is normally best produced once all searches are received, the mortgage offer is in place and all enquiries have been satisfactorily dealt with.
It is important to note that a buyer’s conveyancer may also have to report certain matters to a mortgage lender in accordance with their instructions.
Arrangements will also be made for all parties, whether selling or buying, to sign any relevant documentation in readiness e.g., the contract.
Stage 5: Exchange of Contracts
This is a key stage of the transaction. We will have discussed and agreed upon a suitable completion date. When all parties are ready, we will then affect the exchange of contracts.
Upon exchange the contract becomes binding and the parties are contractually obliged to complete the transaction on the completion date. The buyer’s deposit (typically 10% of the a purchase price) is also paid to the seller’s conveyancer upon exchange.
Stage 6: Completion
This is of course the stage of the process you have been waiting for. Completion is the day on which the balance of monies is paid to the seller and physical possession of the property is handed to the buyer.
How long does the process take?
Everyone’s first question – how long will it take?
Understandably, this is one of the first questions we get asked. However, it is impossible to answer with certainty because there are so many variables in the process. We can only provide you with a general estimate.
Your transaction involves matters outside our control and we don’t know what issues will need to be addressed until they arise. Timescales depend on individual aspects of the matter, how it progresses and individual parties’ requirements/features of any related transaction(s).
What influences timescales?
There is a huge variety of features that influence timescales. The following are merely a few basic examples:
- The number of parties involved and any related transactions. The longer the chain, typically the longer it will take.
- The type of property involved. Flats/apartments, leasehold houses or freeholds that are subject to estate charges, shared ownership/share equity property all take longer.
- Surveys and Mortgages. Arranging these before progressing with conveyancing is well advised.
- The parties themselves. How organised they are at the outset and any work/family commitments/ holidays and other factors that determine suitable moving dates.
Some General Guidelines
Nearly every single client in a conveyancing transaction wants their matter to proceed ASAP. At Sharman Solicitors we progress matters quickly and efficiently using the latest technology and case management systems to facilitate this.
However understanding likely timescales will avoid overly optimistic expectations. As a guide the following are examples of average transaction times:
- 6-8 weeks – this is for only a lucky few ! – normally this is only possible if there is no chain, often no mortgages are involved and/or the property is already vacant, so we do not have to factor in people’s ability to physically vacate. Only a small minority of transactions proceed this quickly. Both parties have to be minded to complete quickly and all parties must facilitate that by appointing suitable conveyancers.
- 10-12 weeks – this is a reasonable timescale for transactions where there is a short chain (e.g. 3 parties), mortgages are involved, and the property(s) are occupied. It still requires all parties to be organised, desirous of moving promptly and prepared to facilitate that perhaps with only a relatively short notice period of the intended completion date.
- 12 weeks+ – this is likely to be the timescale if your chain involves several parties/transactions or if there is any unforeseen circumstance that slows the process down – that is not uncommon and can be for a variety of reasons. It is part and parcel of conveyancing transactions and cannot be avoided. In addition, one or more parties may have circumstances that dictate they cannot complete without a substantial gap between exchange and completion.
How much does it cost?
Our fees
We charge fixed fees for this service. The exact amount you will pay depends on various factors including the value and type of property involved as well as the location. For a detailed no-obligation quote for your matter, contact us direct.
The following breakdown demonstrates our average fees for properties valued up to £500 000:
- Freehold House Sale: £750 – £950 + vat; Leasehold House Sale: £825 – £995 + vat
- Freehold House Purchase: £995 – £1250 + vat; Leasehold House Purchase: £1075 – £1295 + vat
- Freehold House Remortgage £395 – £595+ vat; Leasehold House Remortgage £495 – 695+ vat.
The above fees include a bank transfer fee that we charge. The current rate of VAT is 20%.
If the property involves a leasehold flat rather than a house, then an additional £250 – £450 + vat will be charged.
If the property is a shared ownership/shared equity/new build or subject to estate charges or a Help to Buy mortgage is involved then additional fees will apply, which will be quoted separately.
The fees stated above include all the normal aspects of a conveyancing transaction. This includes (when purchasing) filing any stamp duty land tax return and registering ownership with Land Registry.
The following are not included in the fees listed above and attract an additional fee, which is outlined below:
- HTB or Lifetime ISA £50 + VAT.
- Declaration of Trust e.g., to record unequal shares in a property Approximately £75 – £175 + VAT depending on the complexity.
Disbursements
In addition to our fees, you will incur disbursements (payments to third parties). The following is a list of the likely disbursements and their cost:
In all matters
- AML/ID checks £14.40 (per client)
- Digital onboarding fee £4.50 (per client)
If selling or remortgaging a property
- Land Registry Office Copies: £8.80 (per document). Normally 3-4 documents are needed.
If buying or remortgaging a property:
- Case Management fees £12.00
- Search Pack (combined local search, enviro search, water search): The cost is dependant on area but for property in Sefton/Liverpool it is £332.16. These are ‘full’ searches. Many conveyancing firms use ‘personal’ searches instead because they are a bit cheaper. However, they can take longer to obtain and do not contain complete information.
- If remortgaging your lender may allow us to use arrange an insurance policy as an alternative to these searches which is much cheaper for you.
- Land Registry Priority Search £8.80 (per title)
- Bankruptcy Search £7.80 (per client)
- Land Registry Registration Fee: These are dependent on the type of transaction, the property value and/or the value of loan if remortgaging. The following link explains them in more detail https://www.gov.uk/guidance/hm-land-registry-registration-services-fees
- Stamp duty is payable dependant on your circumstances as well as the value of the property.
- Location specific searches are sometimes needed e.g., a coal mining search.
- Whenever a property is leasehold or freehold that is subject to annual estate charges then administration fees are normally payable to a landlord/managing agent as part of any transaction. We cannot quote for their fees.
Your matter
To take away any uncertainty, the easiest course of action is to contact us via our website or by calling 0151 932 0333 to discuss your matter and receive an accurate no-obligation quote. We will provide a full and detailed breakdown of the fees that is easy to understand.
Wills & Probate FAQs
How much does it cost to make a Will?
Our fees
Everyone should have an up-to-date Will appropriate to their circumstances. At Sharman Solicitors we have the expertise to assist you in making one or reviewing your existing one.
Our typical fees for this service fall into the following categories:
Single Will – £195 + VAT
Mirror Wills – £295 + VAT
Single (Trust) – Will £395 + VAT
Joint (Trust) Wills – £595 + VAT
The above rates apply to most cases we deal with.
Your matter
To take away any uncertainty, the easiest course of action is to contact us via our website or by calling 0151 932 0333 to discuss your matter and receive an accurate no-obligation quote. We will provide a full and detailed breakdown of the fees that is easy to understand.
What is Probate and how much does it cost?
Probate
If you need help or advice in connection with estate administration, please contact us. There is no charge for an initial enquiry and short discussion about your matter.
Broadly speaking, the service we provide at Sharman Solicitors usually falls into three categories which we have summarised below.
The fee information also summarised below is a general guide but will apply to most cases we deal with. We must however reserve the right to vary these figures in certain circumstances. Of course, should any variation be necessary we will notify you as soon as it comes to our attention, and you will have the option not to proceed any further.
If VAT is indicated, the current rate is 20%.
Grant only
Obtaining the Grant enables a personal representative to administer a person’s estate. We can assist by making the necessary application to the Probate Court on your behalf. When the Grant is received, we provide it to you to continue with the administration of the estate. This service includes:
- The professional services of a dedicated, experienced Solicitor throughout who specialises in Probate matters;
- (Where appropriate) identifying and contacting the personal representatives of the estate;
- Highlighting of any issues or problems that may adversely affect the smooth undertaking or completion of our instructions;
- Working with you to draft and complete all relevant paperwork and making the necessary submissions to HMRC and/or The Probate Registry of the High Court;
- Receiving the Grant of Representation and reporting to you as above;
- The provision of all relevant advice and support throughout.
Our legal fees for this service are:
- For non-taxable estates: £695 + VAT
- For taxable estates; £1,175 + VAT
Disbursements (payments to third parties) are:
- Court fee: £300 + £1.50 for each additional copy required. (We usually suggest one copy per asset.)
The average timescale for obtaining a Grant is approximately 3 months. It is difficult to be more precise until we know more about your individual matter as it depends on various factors.
Full estate administration
Once the Grant is obtained you may wish for us to continue to deal with all remaining matters in relation to the estate including distribution to the beneficiaries. This service includes:
- Obtaining the Grant;
- Obtaining all information from the appropriate financial and other institutions and liaising with them to deal with the assets in the estate;
- Collection in of all cash amounts due to the estate and settling all liabilities;
- Obtaining formal clearance from all third parties (including HMRC) that they have no further claims against the estate;
- Preparation of detailed estate accounts and supplying them to the personal representatives and beneficiaries of the estate;
- Arranging final distributions to the beneficiaries.
Our legal fees for this service are:
- Our charges to obtain the Grant as outlined in the preceding section above, plus in addition:
- £200 + VAT for each asset in the estate; and
- £240 + VAT per hour for all other time spent by us in carrying out your instructions.
We believe applying the above formula produces a fairer cost for our clients rather than charging the entire matter on a time spent basis. On average this usually results in a total final bills as follows:
- For non-taxable estates – from £2,500 – £4,000 + VAT
- For taxable estates – from £3,750 – £8,000 + VAT
Disbursements (payments to third parties) are:
- Court fee: £300 + £1.50 for each additional copy required. (We usually suggest one copy per asset.)
It is difficult to give precise timescales for full estate administration cases as it depends on the complexity of the deceased’s estate. In most straightforward cases it takes approximately 9 months to administer an estate.
Advice only
Some clients may prefer to attend to all estate related formalities themselves whilst relying on us for the provision of advice and guidance as and when required during the administration of the estate. We are happy to accommodate such an arrangement.
Due to the variable nature of this role our charges are calculated on a time spent basis by applying an hourly charging rate of £240 + VAT. That hourly rate is applied to all time we are engaged providing advice and assistance and carrying out your instructions.
By way of a working example – if you were to ask us to advise on a particular point and as a result we are engaged for 40 minutes doing so the fee would be £160 + VAT and if as a consequence of that engagement you then ask us to write to a third party or speak to them on the telephone and we are engaged for a further 25 minutes in doing so, that would give rise to an additional fee of £100 + VAT.
Routine letters and phone calls would be charged at 1/0th of the hourly rate.
Other fees
In all the above scenarios, further expenses in the form of disbursements sometimes arise. These are fees payable to third parties in order to carry out your instructions. They do not arise in every case and, if they do, they usually vary in amount from case to case. Rest assured that no disbursement will be incurred on your behalf without your prior informed consent.
Earlier we referred to situations where the above rates of legal fees may not be applicable. Below is a list of common examples when that may be the case:
- Where any aspect of the estate or the administration of it is the subject of a dispute or disagreement of some sort;
- If the estate includes assets in another country or jurisdiction;
- If the estate includes business or agricultural assets;
- Where a claim against the estate under the Inheritance (Provision for Family and Dependents) Act 1975 may arise or has arisen;
- Where the validity of any Will made by the deceased is in question.
Your matter
To take away any uncertainty, the easiest course of action is to contact us via our website or by calling 0151 932 0333 to discuss your matter and receive an accurate no-obligation quote. We will provide a full and detailed breakdown of the fees that is easy to understand.