Affordable Legal Help, A Solicitor Team You Can Trust

TERMS OF BUSINESS

Our Aim and Commitment to You

Is to provide all our clients with an excellent quality service - both in terms of the legal advice we give and the way we deliver it, at a fair and reasonable price.

 

To enable us to achieve our aim, we rely on you to provide us with all relevant information we need and to notify us of any changes in your circumstances which may affect the advice and service we provide to you.

 

In return, we will:

 

• Represent your interests and keep your affairs confidential
• Communicate with you in a language you can understand wherever possible
• Keep you regularly informed as to what is happening in your matter
• Explain to you the legal work which may be required and the prospects of a successful outcome
• Ensure you understand the likely cost involved

 

Our Availability

Our offices are open between 9.00 a.m. and 5.00 p.m. Monday to Friday. Out of office hours you can send an email or leave a voicemail message.

 

Payment Arrangements

Where appropriate, it is our practice to ask clients to make payments on account of anticipated charges and disbursements. If we do, we will discuss with you the actual amount and review payments made throughout the transaction. Any such payments made will be set against the bills rendered to you.

 

Unless the matter is likely to be concluded within 8 weeks, interim bills will be submitted to you at stages, either monthly or quarterly, at our discretion.

 

Payment of our charges is due within 14 days of us sending you a bill. If you do not pay the bill within this time, you will be required to pay us interest on the bill at the rate of 4% per annum above the National Westminster Bank base rate, from 30 days after delivery of our bill until payment is received.

 

Clients' Money and Payment of Interest Policy

In accordance with the Solicitors Regulation Authority’s Accounts Rules 2019 we are required to account to you for interest on money held by us in our client account when it is fair and reasonable to do so. The holding of client money is incidental to the carrying out of clients’ instructions. In addition, we are required to hold client money in an instant access account to facilitate transactions. As a result, the rates of interest paid under this Policy are unlikely to be as high as those you might be able to obtain yourself.

 

Interest will be paid at 1% where the amount of interest calculated exceeds £100, on estates holding a minimum of £10,000.

 

Where money is held in relation to separate matters for you we will treat the matters and the money as separate, unless the matters are so closely related that they should be considered together.

 

Where client monies are held in our general client account we will pay interest without deducting tax at source. You will be responsible for declaring any interest to H.M. Revenue & Customs. Where client monies are held in a separate designated client account, interest is usually paid net of basic rate Income Tax.

 

Interest will be calculated on a daily basis, using the rate of interest offered to business customers on instant access deposit accounts at the bank where we hold general client funds.

 

Interest will be calculated on cleared client funds. In the case of cheques received, this will be ten days after the cheque has been deposited with our bank, and for amounts received in cash, or via credit or debit card, standing orders, BACS and CHAPS, interest will accrue from the day of receipt into our client account.

 

We will normally account to you for interest at the conclusion of the matter. You may contract out of receiving interest by signing a written agreement with us.

 

This Interest Policy, including the de minimis limit of £100, will be reviewed periodically, particularly if changes are made to the Bank of England’s Base Rate.

 

On 1 December 2025, the limit that the Financial Services Compensation Scheme (FSCS) will pay to clients in the event of a bank collapse increased from £85,000 to £120,000 per individual and per institution. Eligible claimants who are included for cover under the FSCS deposit protection scheme include:

• individuals
• small and large companies (although some exclusions may apply to large companies)
• small local authorities (such as parish councils)

 

The FSCS provides up to £1.4 million protection limit for temporary high balances held with a bank, building society or credit union if the institution fails. Cover is related to specific life events and limited to natural persons only

 

 

Storage of Papers and Documents

We will keep our file of papers (except for any of your papers which you ask to be returned to you) for a minimum of 6 years. After 6 years these papers may be destroyed without reference to you.

We will not, of course, destroy documents you ask us to deposit in safe custody for example, wills, deeds and other securities. No charge will be made to you for such storage.

Should you request your file from us, we will not charge you for retrieving it from storage. However, we may make a reasonable charge for delivery of the file or for retrieving documents from the file at your request.

 

Termination

You may terminate your instructions to us in writing at any time but we will be entitled to keep all your papers and documents whilst there is money owing to us for our charges and expenses.

We may decline to act for you if:

 

• You do not provide to us clear and proper instructions
• You do not pay any amount following delivery of a bill or request for payment on account in accordance with these terms
• There arises any conflict of interest or other circumstances which we consider make it inappropriate for us to continue to act for you

 

We will only decide to stop acting for you with good reason and after giving you reasonable notice.                                                         

 

If you terminate instructions when the case has just started, an early termination fee will be charged of £250.00 plus VAT. This covers the initial costs of meeting with you, setting up a file and any other preliminary work carried out, whether or not a client care letter has been signed and returned to us.

 

Limited Companies

When accepting instructions on behalf of a Limited Company, we may require a Director and/or Controlling Shareholder to sign a form of personal guarantee agreeing to accept liability for all charges and expenses of this firm.

 

Raising Queries or Concerns with Us

Our aim is to provide you with an excellent quality service and we are confident that we will be able to deliver this service in all respects. However, if you do have any queries or concerns about the way we handle your matter (including our bill) then please do not hesitate to contact the person dealing with your matter. If that does not resolve your concerns to your satisfaction you have a statutory right of complaint and in that case please take the matter up in writing with Rachel Snipe, who is responsible for dealing with any complaints in the first instance. She will endeavour to deal with any complaint as soon as practicable. We have a written complaints procedure and a copy of this will be sent to you on request.

 

All firms of solicitors are obliged to attempt to resolve problems that clients may have with the service provided. It is therefore important that you raise your concerns with us as we value you as a client and would not wish to think that you have any reason to be unhappy with us.

 

If at the end of our complaints process you are not satisfied with the outcome then if you are an individual, a very small business, a charity, a club or a trust, then you are entitled to have the complaint considered by the Legal Ombudsman. If you are unsure the Ombudsman will be able to clarify whether or not they can deal with your complaint and can be contacted at enquiries@legalombudsman.org.uk or PO Box 6806, Wolverhampton, WV1 9WJ. Their helpline number is 0300 555 0333. You must refer a complaint to the Legal Ombudsman within 6 months of your last contact with us.

 

You may also have a right to object to our bill by applying to court for an assessment of our bill under Part III of the Solicitors Act 1974 but then the Legal Ombudsman cannot deal with that objection.

 

Please note that if all or part of our bill remains unpaid while a complaint is dealt with then we may still be entitled to charge interest on the bill or the unpaid part of it.

 

Limit of Liability

As regards our legal liability to you, we shall not in any circumstances be liable to you for any of the types of loss listed below, whether arising from negligence, breach of contract or otherwise.

These types of loss are as follows:

 

·       Loss of profits, revenue or other types of economic loss

·       Loss of business or contracts

·       Loss of anticipated savings or goodwill

·       Losses arising from loss of data

·       Any losses which arise other than directly and naturally from a breach of contract, or other losses which a Court holds to be consequential, special or indirect

·       Any losses suffered by you arising from any claim against you by a third party for any of the above types of loss

 

Please also note that, unless otherwise agreed with you, any financial liability we may have towards you arising from negligence, breach of contract or otherwise shall under no circumstances exceed the sum of £3 million.

 

Money Laundering Regulations 2017

Like all firms of Solicitors, we are now required by law to apply procedures to guard against the risk of money laundering. It will help us to avoid any problems with your legal work if you bear in mind the following points:

 

Identification Checks: 

We may need to obtain formal evidence of each client’s identity or in the case of Company clients, that of two Directors. This is necessary even if you are known personally to a member of staff. Normally the type of evidence we would ask for is your Passport or Driving Licence to confirm your name, plus one or more documents not more than three months old to establish your address, such as recent utility bills, Council Tax statements, or Bank statements. Originals are required. Copies will only be acceptable if certified by a notary, solicitor or person regulated by the Financial Services legislation. If we incur any disbursements in carrying out any necessary on-line identification checks, these will be itemised and added to our costs invoice. By signing our Terms of Business, you give permission for all relevant electronic checks to be carried out, if required.

 

Source of Funds: 

At the start of any matter we will normally ask you to tell us the source of any funds you will be using. It is simplest for us if the source is an account, in your name, in a UK Bank or Building Society. If the source is an unusual one, such as an account in another country, or in the name or someone other than yourself, please tell us as early as possible, including the reason.

 

Destination of Funds:

Where we are to pay money out to you, we will normally do so by cheque in your favour, or into an account in your name. where BACS payments are made the current charge is £35.00 plus VAT, making a total of £42.00.

 

Cash:

We are only able to accept cash up to a limit of £500.00 for any one matter.

 

Confidentiality

We have always sought to keep our clients’ affairs confidential. However, the Proceeds of Crime Act 2002 can oblige us to report information about financial offences to the National Crime Agency. In particular, if it seems that any assets involved in your matter were derived from a crime we may have to report it. This can include even small amounts of money, and covers all offences, including for example, tax evasion and benefit fraud.

 

If we have to make a report we may not be able to tell you that we have done so. A report may result in an investigation by the Police, the Inland Revenue or other Authorities. The law contains exceptions. If you are concerned about how this may affect you, please ask us to clarify.

 

 

Investment Advice

If during this transaction you need advice on investments, we may have to refer you to someone who is authorised by the Financial Conduct Authority, as we are not. However, as we are regulated by the Solicitors’ Regulation Authority, we may be able to provide certain limited investment services where these are closely linked to the legal work we are doing for you.

 

If you have any problem with the service, we have provided for you then please let us know. We will try to resolve any problem quickly and operate an internal complaint handling system to help us resolve the problem between ourselves. If for any reason we are unable to resolve the problem between us, then we are regulated by the Solicitors’ Regulation Authority, which also provides a complaints and redress scheme.

 

This firm is not authorised by the Financial Conduct Authority. However, we are included on the register maintained by the Financial Conduct Authority so that we can carry on insurance mediation activity, which is broadly the advising on, selling and administration of insurance contracts. This part of our business, including arrangements for complaints or redress if something goes wrong, is regulated by the Solicitors’ Regulation Authority. The register can be accessed via the Financial Conduct Authority website at www.fca.gov.uk/register.

 

The Law Society of England and Wales is a designated professional body for the purposes of the Financial Services and Markets Act 2000 but the responsibility for regulation and complaints handling has been separated from the Law Society’s representative functions. The Solicitors Regulation Authority is the independent regulatory arm of the Law Society and the Legal Ombudsman handles complaints about lawyers.

 

Insurance

We are an ancillary insurance intermediary which means we can arrange insurance contracts for our clients. We act on your behalf, not on behalf of the insurance company. We are not authorised by the Financial Conduct Authority. However, we are included on the register maintained by the Financial Conduct Authority so that we can carry on insurance distribution activity, which is broadly the advising on, selling and administration of insurance contracts. This part of our business, including arrangements for complaints or redress if something goes wrong, is regulated by the Solicitors Regulation Authority. The register can be accessed via the Financial Conduct Authority website at www.fca.org.uk/firms/financial-services-register

 

Professional Regulation

Blackhams is the practising name of Bradley & Cuthbertson LLP, a firm authorised and regulated by the Solicitors Regulation Authority (SRA reference number 638657). The professional rules that apply to Solicitors are the Solicitors’ Code of Conduct 2011, which can be found at www.sra.org.uk 

 

Cooling-off period

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 provide that where we concluded our contract without meeting you in person and discussions were by email, telephone or letter, or if our meeting to discuss or conclude the contract took place away from our offices, you may be entitled to a 14-day cooling-off period. During this period, you may cancel this contract.

 

Should you wish to cancel the contract, please do so in writing. A cancellation form is enclosed for your convenience.

 

However, if you would like us to start work before the cancellation period ends, you will need to confirm this to us in writing. Please note that if you ask us to start work before the end of the cancellation period, you will be liable to pay us a proportionate amount for the work done up to the point of cancellation.

 

PRIVACY NOTICE – USING YOUR PERSONAL INFORMATION

 

Intended purposes for processing

In order to provide you with legal services, for the administration of our files and records and, if you agree, to enable us to send you information about other services Bradley & Cuthbertson LLP trading as Blackhams offers, we will be processing (using and storing) your personal data, which includes information that identifies you, such as your name, address, job title and contact information. In some cases we may also process special categories of personal data, such as your health records, racial or ethnic origins, political or religious beliefs and/or criminal conviction and offence records.

 

Lawful bases for processing

We may be required to process your personal data in order to comply with our obligations under legislation such as the Proceeds of Crime Act 2002, the Money Laundering Regulations 2017, the Criminal Finances Act 2017, the Foreign Account Tax Compliance Act 2010 (for clients with US ‘person’ status) and under common law. We may, on occasion, be required to share your personal data with the relevant authorities. This processing of your personal data is to comply with the law, and we would be unable to act for you without doing so. 

 

In addition, we may process your personal data on the basis that we have a contract with you. Alternatively, in some instances we may have a legitimate interest in processing your personal data.

 

Whenever we are processing special categories of personal data, and/or criminal conviction and offence records, we will only use that data to deliver the services you have instructed us to provide.

 

All your personal data will be processed, and erased, in accordance with our Data Retention and Erasure Policy, a copy of which is available upon request from our Data Protection Officer, Tim Cuthbertson who is based at Lancaster House, 67 Newhall Street, Birmingham, B3 1NR.

 

Recipients of your personal data

In addition to our firm we may, when required and necessary, share your personal data with other organisations. Depending on the work we are undertaking for you the other organisations may include:

§   Our firm’s ‘data processors’ who are contractors from whom we obtain operational services including IT support, message-taking, typing and secretarial support, costs draftsmen, secure document storage and shredding.

§   Other ‘data controllers’ that provide professional or commercial services, such as Counsel, other solicitors, accountants, medical practitioners, surveyors and estate and letting agents.

§   Experts that you and we agree are necessary to assist us to progress your matter.

§   Providers of insurance, financial and banking services to you and/or to our firm.

§   HMRC, HM Courts & Tribunals Service, HM Land Registry, Councils and other national and local government bodies.

§   The Solicitors Regulation Authority, the Information Commissioner’s Office (ICO) and organisations involved with the preparation, assessment and certification of quality standards for which our firm is seeking or maintaining accreditation.

§   If you agree, to organisations providing marketing services to our firm.

All of the above are located in the UK.

 

Marketing

We should like to send you information about our services which we believe may be of interest to you. If you consent to being contacted on this basis, please tick the box on our Marketing Opt-In Request form, sign and date the document and send it to us. We may contact you by mail, telephone, email or text. If, at a later date, you change your mind you may opt-out of receiving marketing information from us. To opt-out please either write to our Data Protection Officer, whose name and address are above, or send an email to rsnipe@blackhams.com with “Stop Marketing” in the subject line.

 

Your rights in relation to your personal data

You have the right of access to your personal data and to verify the lawfulness of the processing. If you would like a copy of your personal data that we are processing please contact our Data Protection Officer, whose name and address are above. Kindly note, we will need to verify your identity before responding to your request. Normally we make no charge for doing this and will endeavour to send it to you within 1 month of receipt of your request. If you notice that any of the information we send you is inaccurate or incomplete, please tell us and we will rectify it promptly.

 

If you are dissatisfied with our response you may complain to a supervisory authority which, in the UK, is the ICO, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF. The ICO’s website is at https://ico.org.uk/ There may also be judicial remedies available to you.

 

Erasure of personal data

We will not erase or restrict the processing of your personal data during the period in which we have a legal obligation to retain that data under the applicable Act, Regulations or in common law. 

 

Where we obtained your personal data to fulfil our contractual obligations to you, or if we have a legitimate interest for processing your personal data for the exercise or defence of legal claims, we will erase that data as soon as it is no longer necessary to retain it in relation to the purpose for which it was originally collected. Please see our Data Retention and Erasure Policy for timescales.

 

If you consented to our using your personal data for marketing purposes, we will erase the data used for that purpose if and when you inform us that you wish to withdraw your consent.

 

Security

We are committed to ensuring that all information we hold about you is secure. In order to prevent unauthorised access or disclosure we have implemented appropriate physical, electronic and managerial procedures to safeguard and protect that information.

 

Other data controller recipients of your personal data are each responsible for implementing appropriate physical, electronic and managerial procedures to safeguard and protect that information, and to keep it secure.

 

Data processor recipients of your personal data have provided sufficient guarantees that they have implemented measures to ensure compliance with the GDPR and to protect your rights.

 

Transferring your personal data

We will not transfer your personal data overseas.

 

Personal data concerning a third party

You should only give us personal data about someone else with their permission. Where you provide us with personal data about someone else, or someone discloses to us personal data about you, it may be added to the personal data we already hold and may be used in the ways described in this Privacy Notice.

 

 

Fees

Our fees for full estate administration are typically based on a percentage of the gross value of the estate, which is typical of the legal industry, with an additional hourly rate applied in some cases depending on the complexity of the matter.

 

2.5% of the gross estate value, or, minimum £300 plus VAT

 

Please note that with effect from the 1^st September 2025, the following hourly rates will apply to all Fee Earners:

 

• Partner: £410.00 per hour
• Solicitors: £390.00 per hour
• Trainee / Paralegal: £250.00 per hour
• Paralegal : £200.00 per hour

 

These rates reflect the complexity of the case, including:

 

1.          Type and number of assets

 

2.          Straightforward valuation of assets and liabilities

 

3.          Property is registered land and no title reconstruction is required

 

4.          The deceased had a business or agricultural interests (like livestock and equipment)

 

5.          Complexity of inheritance tax matters

 

6.          Number of beneficiaries

 

7.          Acting alongside the Public Trustee (government official)

 

8.          Any cross-border or trust issues

 

9.          Claims against the estate by beneficiaries or would be beneficiaries

 

10.        Lifetime gifts which were made by the deceased which are reportable to HMRC

 

11.        Expected delays with European estates, especially those outside the EU

 

12.        Intestacy

 

13.        Genealogy research

 

14.        Family tree construction

 

15.        Executor search

 

16.        Beneficiary search

 

17.        International beneficiary search

 

18.        International assets search

 

19.        Travel abroad

 

20.        Additional drafting of deeds and affidavits, all of which is charged separately

 

21.        Will it be an online or paper and postal application to the Probate Registry

 

22.        Executors & beneficiaries waiting for 6 months post Grant to distribute or not

 

 

You will receive a cost estimate before any work begins. We will always inform you of any changes to our estimated fees before additional work is undertaken. There will be no work carried without the authority of the executor(s).

 

 

Disbursements

Disbursements are incidental costs payable to third parties, such as:

 

Probate application fee is currently £300 with additional copies of the Grant of Representation at £1.50, including those for use abroad

 

Unoccupied property insurance-QOA

 

Bankruptcy-only Land Charges Department searches £2 per beneficiary, per distribution

 

International bankruptcies depend on the location so it is POA

 

Section 27 notices, which range from £200-£400 (London Gazette and local paper)

 

Financial asset search ranged from £160-£250

 

Share valuations range from £6.00 each

 

Gold Medalion Stamp -POA

 

Car valuation and sales-QOA (we do not use

 

Will search ranges from £50-£100

 

Official copies of the Land Registry Title to any property (£3 per copy title and £3 per copy of the plan, if required)

 

Probate valuations for property, chattels (personal possessions) and shareholdings are as required, with cost varying depending on the asset involved

 

Dealing with income and capital gains tax reporting for the estate, including filing pre-death and administration period tax returns, where relevant

 

VAT may be applicable on some of the prices quoted above. If and when our rates and terms change, we will send out a new client care letter to the executor informing them of the changes.

 

 

Timescales

Post Covid19 there have been dreadful delays with the issuing of Grants from the Probate Registry. Although the online submitted application timescales have improved, the paper-based applications are still taking a long time to issue.

 

On present experience in 2025, this stage of dealing with the HMRC can take up to 3 months if not more. If tax is payable we need the HMRC to give us their calculation figures and then pay that tax, otherwise there is a wait of 20 days from when we have submitted the tax paperwork.

 

For a straightforward estate where there is no need to complete a full inheritance tax account, we would usually expect an average estate administration to take between 8-12 months.

 

Dealing with a relatively straightforward taxable estate will usually take between 12 – 24 months, but more complex estates (for example, those which may involve protracted negotiations with HMRC, involve multiple trust, have international aspects like properties abroad to sell, can take several years to resolve.

 

 

Fees-Wills

Our charges for a standard will are £500.00 plus VAT, making a total of £600.00. If you require a trust will, or anything else in addition to a simple will, we charge in increments of £250.00 added on to the price of a simple will.

 

 

Fees-Lasting Powers of Attorney & Deputyship Orders under Court of Protection

Our charges for one Lasting Power of Attorney is £500.00 plus VAT, making a total of £600.00. There is also a fee to pay the Office of the Public Guardian of £82.00 per Lasting Power of Attorney.

 

Any work for Court of Protection Orders are charged at our hourly rates. This is because we cannot gauge how much work is required or how long the matter will take to conclude.

 

 

Fees-Trusts

For trusts, we suggest you contact us directly and inform us of the following:

 

1. What kind of trust you require;
2. Who will be appointed as trustees;
3. Are we required to act as trustees;
4. Is a minor child involved as a beneficiary;
5. What and how many assets are to be placed in the trust.

 

All quotes given include registration of the trust with the Trust Registration Service (TRS), which is part of the HMRC and a mandatory requirement.

 

 

Fees and Costs associated to Residential Property

Property transactions are never the same and our fees will reflect the particular requirements of your transaction. For example, the acquisition of a listed building may by reason of the added complexities, cost more than dealing with the acquisition of a freehold property. Please contact us for a detailed cost assessment.
 

 

Sales – Freehold

Our fees for a sale of a freehold property range from £695 to £2,500 plus VAT, a property with a value of more than £1M will fall outside this fee range. The average fee on a straightforward sale is £795 plus VAT. There is a bank charge fee of £35 plus VAT to redeem any mortgages or send monies to you on completion.

 

Our fees would include us providing the following: –

 

• Providing an initial quotation at the outset to ensure we know the particulars of your conveyance
• Taking your instructions and checking your identity for anti-money laundering compliance
• Providing forms for your completion so you can tell us about your property and enable to us draft contract documentation
• Download the Official Title from Land Registry and draft contract and forward to the buyers Solicitors
• Responding to any enquiries raised by the buyer’s solicitors
• Agreeing a completion date with yourselves and any other parties in the chain
• Obtaining redemption figures for any charges over the property
• Complete the sale, redeem any or all charges and account to you on completion

 

Sales – Leasehold

Our fees for a sale of a leasehold property range from £750 to £2,500 plus VAT. If there are additional fees payable these will be provided for in our quotation.
 

If the sale property is a managed leasehold title there is every likelihood that you would be expected to provide a leasehold information pack. This is provided by the Management Company or Agent for Freeholder. The Management Company will charge you a fee of approximately £300 plus VAT. We would request the pack on your behalf following receipt of payment from you.

 

 

Disbursements relating to a sale of a property

Disbursements are fees that we pay to a third party on your behalf such as Land Registry or a search provider. For a sale the likely disbursements are: –

 

·       Title plan and register £6 (£3 each)

·       If leasehold an additional – £3 for the freehold register

·       Copy lease/conveyance – £3 per copy

·       Leasehold Information Pack – to be advised once known from the managing agents

 

 

Fees and Costs associated to Family Law

Our Family Solicitor, Partner and Head of Department, Mr Taswar Hayat’s, hourly rate is £410 plus VAT.

Trainee Solicitors' hourly rates are £250 plus VAT.

Paralegal's hourly rates are £200 plus VAT

Fixed Fee arrangements are subject to consultation.

For more information regarding fee arrangements please contact us.

  

NOTICE OF CANCELLATION

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the contract.

 

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email). You may complete the model cancellation form overleaf, but it is not obligatory.

 

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

 

If you cancel this contract, we will reimburse to you all payments received from you. We will make the reimbursement without delay, and not later than 14 days after we have received your notification of cancellation. 

 

If you request us to begin work during the cancellation period and then you cancel the contract, we will charge you an amount which is in proportion to the work envisaged under the contract.

 

CANCELLATION FORM

  

  To:

Blackhams

Lancaster House

67 Newhall Street

Birmingham

B3 1NR

 

Email: info@blackhams.com

Fax: 0121 233 9880

     

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I/We hereby give notice that I/we cancel my/our contract for the supply of the following service:

 

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Date:  ……………………………………………………………………….............................................