TOP TIP: PROFESSIONAL COSTS FOLLOWING THE DEATH OF A CLIENT

Where the Client’s death occurs during the general management year, the authority of the Deputy comes to an end. In this event, the Deputy should try agree their costs with the Executor of the Client’s estate to avoid delays in winding up the estate and incurring extra costs including court fee for assessment and preparation of a Bill of Costs.

Where the Deputy’s costs cannot be agreed, a Bill of Costs will be submitted for assessment.

Whilst the authority of the Deputy comes to an end on the date of death, the SCCO allow subsequent work conducted following this date to conclude the Deputyship, up to the value of £1,500.00 (plus VAT) without obtaining further authority from the Court for these costs to be assessed. These costs will be assessed on the usual basis, taking into account the reasonableness, necessity and proportionality.

Georgia Clarke – Senior Law Costs Draftsperson

 

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