Probate costs: avoiding challenges and maximising recovery

Costs are a key consideration for both clients and practitioners in probate and estate administration, as well as in probate claims and disputes. This webinar provides a practical guide to managing costs from the outset, including taking and documenting instructions, avoiding common pitfalls and reducing the risk of fees being challenged or reduced.

The will also consider the approach to costs in probate disputes, including the circumstances in which costs may be recoverable from clients, estates or third parties, helping practitioners maximise recovery while minimising risk.

Topics covered include:

• Probate and estate administration costs:
  • Client retainer and/or engagement
  • Cost updates
  • Interim and final invoices
• Firm’s complaints procedure and Legal Ombudsman
• Assessment of costs under the Solicitors Act 1974
  • Eligible applicants
  • Procedure for the assessment of costs
  • Obligations owed during costs assessment
• Practical tips for avoiding costs assessment or reduction of fees
• Costs: general position with costs in litigation
• What is a probate claim?
• Costs: exceptions to the general rule in litigation
• Costs: are claims for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 treated differently?
• Other factors and considerations:
  • Issue based orders
  • Personal representatives: role in probate claims
  • Costs and third/non parties
  • Part 36 offers, alternative dispute resolution, and settlement
  • Funding options and considerations
• Recent case law examples
• Recent changes and the future for costs