The Probate Fee Agreement serves as the foundational document for engaging professional services in estate administration matters in England and Wales. This agreement is essential when executors or administrators require legal assistance in obtaining probate and administering an estate. It sets out clear expectations regarding services, costs, and timeline, ensuring compliance with SRA regulations and consumer protection laws. The document is particularly important as it provides transparency in what can be complex and sensitive matters, protecting both the legal professional and the client throughout the probate process.
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1. Parties: Identification of the law firm and client(s), including full names and addresses
2. Background: Context of the probate matter and basis for the agreement
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of probate services to be provided
5. Fee Structure: Clear breakdown of fees, including hourly rates or fixed fees, and VAT details
6. Payment Terms: Timeline and methods of payment, including any deposit requirements
7. Client Obligations: Client responsibilities and information requirements
8. Complaints Procedure: Process for handling disputes and complaints
9. Data Protection: GDPR compliance and data handling provisions
1. Disbursements: Additional third-party costs - include when external costs are expected
2. Success Fee: Additional fee arrangements based on outcomes - include if operating on a conditional fee basis
3. International Elements: Provisions for cross-border estate administration - include when estate has international components
4. Delegation: Terms for outsourcing certain tasks - include when third-party professionals may be needed
1. Fee Schedule: Detailed breakdown of all fees and charges
2. Service Level Agreement: Specific timelines and service standards
3. Client Care Letter: Detailed explanation of service terms in plain English
4. Cancellation Form: Standard form for agreement termination
5. Privacy Notice: Detailed data protection and privacy information
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