Public Access – Advice on the Inheritance Act 1975

The Inheritance Act 1975 protects spouses (including former spouses), cohabitants, children and other dependents where a person dies without leaving sufficient money for the dependent’s continued wellbeing.

Our barristers can provide you with written advice on whether you can make a claim under the Act. Our barristers can also provide you with written advice when a person dies and you are a beneficiary of the estate but someone else makes a claim under the Act.

Timescales

Timescales for your written advice may vary depending on factors such as the barrister’s availability, the value and complexity of the deceased person’s estate, the need for additional documents, your financial needs and those of any beneficiary of the estate. However, claims under the Act must be made within 6 months of the grant of probate, and as a guide your written advice should be available within 2 to 4 weeks of you instructing a barrister, where possible.

Fees

Our barristers may charge fixed fees, which means that the barrister will charge you a set amount of money for the written advice. Below we provide estimates based on the range of fixed fees for barristers at Farrar’s Building where the deceased person’s estate is worth less than £300,000. All fees are subject to VAT (where applicable).

If a barrister charges fixed fees, these may vary depending on your needs. For example, your fees may be towards the higher end of the range if the deceased person’s estate is more complex and/or you need a more experienced barrister. If the deceased person’s estate is particularly complex, your fees may also be higher than the estimates below. There are also likely to be additional costs in the form of Court fees for making a claim or making applications to the Court. For more information on Court fees, follow this link: https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50

Our barristers sometimes charge hourly rates for advisory and drafting work. The setting of hourly rates is not necessarily straightforward and a number of factors may determine the rate that is set, for example the seniority of barrister, the type of client, and the complexity and financial value of the case. Below we provide estimates based on the range of hourly rates for barristers at Farrar’s Building where the deceased person’s estate is worth less than £300,000. All fees are subject to VAT (where applicable).

Additional Fees

Our barristers will always attempt to give you a fixed fee or provide an accurate estimate of the work involved and the likely fees when they agree to undertake work for you. However, other fees may arise, either because of additional information and/or documentation provided by you, or because of the actions of the other side in your case. No further fees will be incurred without your agreement. An estimate of the additional work necessary and the fees involved will be provided to you for your agreement prior to any further work being undertaken. By way of example only, assistance with the preparation of a witness statement might incur further costs of £250.00 to £500.00, preparation of and appearing on an application hearing £500.00 to £1000.00, together with court costs. These fees are only given by way of example and may be more or less, dependant on the nature of the case and the work involved.

Contact Us

All information is correct as at October 2021, but the fees set out above are estimates only. For a quote, please contact the clerks by telephone on 020 7583 9241 or by email at chambers@farrarsbuilding.co.uk. 

Please also contact the clerks if you wish to obtain a quote for our services in respect of a claim where the deceased person’s estate is worth more than £300,000.

We will provide you with a quote as soon as possible. We always aim to set out quotes clearly, but if you receive your quote and there is something you do not understand, please contact us.