This schedule should be read in conjunction with the engagement letter and the terms of business.
1. RESPONSIBILITIES AND SCOPE FOR PROBATE SERVICES
1.1 Provision of probate and related services in relation to [Client name]
1.1.1 We will perform the following work:
- send notifications of death to the relevant government organisations, financial institutions, utility providers [and ………………………… insert any others];
- identify any entitlement to bereavement allowances or benefits;
- finalise the income tax and capital gains tax position of the deceased;
- identify the beneficiaries based on the provided information;
- advise whether a grant is required;
- obtain a valuation of the estate;
- prepare the inheritance tax return;
- prepare the application for a [grant of probate] [grant of administration];
- place statutory notices in The Gazette and ………………………… insert name(s) of local newspaper;
- obtain the grant;
- pay debts of the estate, including tax liabilities;
- finalise the estate tax;
- transfer of the remaining balance to the residuary beneficiaries; and
- prepare the estate accounts.
1.1.2 In performance of our work, we are acting for you in your capacity as personal representative. We are not acting on behalf of the beneficiaries of the estate.
1.1.3 We will provide an initial estimate of how long the engagement is expected to take and the cost. The time and costs to complete an engagement such as this can vary depending on the complexity of the estate and the will. Examples of factors that could affect the time and cost include…………………………
1.2 Changes in the law, in practice or in public policy
1.2.1 We will not accept responsibility if you act on advice given by us on an earlier occasion without first confirming with us that the advice is still valid in the light of any change in the law, practice, public policy or in your circumstances.
1.2.2 We will accept no liability for losses arising from changes in the law (or the interpretation thereof), practice or public policy that are first published after the date on which the advice is given.
1.3 Your responsibilities
1.3.1 To enable us to carry out our work, you agree:
- to ensure you have provided us with all paperwork, information and explanations relevant to the preparation of the [probate] [administration] application and the administration of the estate; and
- to provide all information necessary for dealing with the [probate] [administration] application; we will rely on the information being true, correct and complete and will not audit the information
1.3.2 You will provide a family tree and current names and contact details for all beneficiaries.
1.3.3 You will provide a copy of the deceased’s last will and any codicils] [You have confirmed that to the best of your knowledge the deceased did not leave a will].
1.3.4 You have agreed that you [have] [will]:
- register[ed] the death and obtain[ed] copies of the death certificate
- arrange[d] the funeral; and
- [sent][send] notifications of death to family and friends
1.4 Contentious matters
1.4.1 You will keep us informed of any material changes in circumstances that might indicate there is any contentious probate action to be taken. If at any point the matter becomes contentious, we will not be able to continue to work on the estate until the contention has been cleared. In the event that the matter becomes contentious it may be necessary for you to engage a solicitor to deal with the contentious matter.
1.4.2 If you are unsure if a matter is contentious or believe that there is a likelihood that it may become contentious you should advise us as soon as reasonably practical so that we can assess its significance.
2. PROFESSIONAL INDEMNITY INSURANCE
2.1.1 As stated in our Terms of Business, we have professional indemnity insurance in place in accordance with ICAEW regulations. The expected value of the estate in this engagement is in excess of our insurance cover.
2.1.2 Our professional indemnity insurance cover is up to a maximum of £4,000,000 and is capped at this level.
3. HELP US TO GIVE YOU THE BEST SERVICE
3.1.1 If you would like to talk to us about how we could improve our service to you, or if you are unhappy with the service you are receiving, please let us know by contacting our Head of Legal Practice Josh Kingston.
3.1.2 We will carefully consider any complaint received about our probate or estate administration work as soon as we receive it and do all we can to resolve it. We will acknowledge your letter within five business days of its receipt and endeavour to deal with the matters raised within eight weeks. If we do not deal with your complaint in this time, or if you are not satisfied with our response, you are entitled to take up the matter with the Legal Ombudsman.
3.1.3 To make a complaint to the Legal Ombudsman, you must;
a) refer the complaint to the Legal Ombudsman no later than:
- one year from the act/omission that forms the basis of your complaint; or
- one year from when you should reasonably have known there was cause for complaint; and
b) make the referral to the Legal Ombudsman within six months of the date of our final written response to you.
Contact details for the Legal Ombudsman
T: 0300 555 0333
E: enquiries@legalombudsman.org.uk
Legal Ombudsman, PO Box 6167, Slough SL1 0EH
4. ICAEW PROBATE COMPENSATION SCHEME
4.1.1 In the unlikely event that we cannot meet our liabilities to you, you may be able to seek a grant from ICAEW’s Probate Compensation Scheme. Generally, applications for a grant must be made to ICAEW within 12 months from the date you became aware, or reasonably ought to have become aware, of any loss.
4.1.2 Further information about the scheme and the circumstances in which grants may be made is available on ICAEW’s website: www.icaew.com/probate.