Call us now: 03458 72 76 78

Court of Protection

Category I

Work up to and including the date upon which the court makes an order appointing a deputy for property and affairs.
Amount £850 (plus VAT)

Category II

Applications under sections 36 (9) or 54 of the Trustee Act 1925 or section 20 of the Trusts of Land and Appointment of Trustees Act 1996 for the appointment of a new trustee in the place of P and applications under section 18(1)(j) of the Mental Capacity Act 2005 for authority to exercise any power vested in P, whether beneficially, or as trustee, or otherwise.
Amount £385 (plus VAT)

The categories of fixed costs above will apply as follows:
•Category I to all orders appointing a deputy for property and affairs made on or after 1 February 2011.
•Category II to all applications for the appointment of a new trustee made on or after 1 February 2011.

Remuneration of solicitors appointed as deputy for P

The following fixed rates of remuneration will apply where the court appoints a solicitor to act as deputy:

Category III

Annual management fee where the court appoints a professional deputy for property and affairs, payable on the anniversary of the court order
•For the first year: Amount £1,500 (plus VAT)
•For the second and subsequent years: Amount £1,185 (plus VAT)
•Provided that ,where the net assets of P are below £16,000, the professional deputy for property and affairs may take an annual management fee not exceeding 4.5% of Ps net assets on the anniversary of the court order appointing the professional as deputy.

Category IV

Where the court appoints a professional deputy for health and welfare, the deputy may take an annual management fee not exceeding 2.5% of Ps net assets on the anniversary of the court order appointing the professional as deputy for health and welfare up to a maximum of £500.

Category V

Preparation and lodgment of the annual report or annual account to the Public Guardian.
Amount £235 (plus VAT)

Category VI

Preparation of an HMRC income tax return on behalf of P.
Amount £235 (plus VAT)

The categories of remuneration, above will apply as follows:
•Category III and IV to all annual management fees for anniversaries falling on or after 1 February 2011.
•Category V to reports or accounts lodged on or after 1 February 2011.
•Category VI to all HMRC returns made on or after 1 February 2011.

In cases where fixed costs are not appropriate, professionals may, if preferred, apply to the Supreme Court Costs Office for a detailed assessment of costs. However, this does not apply if Ps net assets are below are £16,000 where the option for detailed assessment will only arise if the court makes a specific order for detailed assessment in relation to an estate with net assets of a value of less than £16,000.

Where the period for which an annual management fee claimed is less than one year, for example where the deputyship comes to an end before the anniversary of appointment, then the amount claimed must be the same proportion of the applicable fee as the period bears to one year.

Conveyancing costs
Where a deputy or other person authorised by the court is selling or purchasing a property on behalf of P, the following fixed rates will apply except where the sale or purchase is by trustees in which case, the costs should be agreed with the trustees:

Category VII

A value element of 0.15% of the consideration with a minimum sum of £350 and a maximum sum of £1,500, plus disbursements.

Category VII applies to any conveyancing transaction where contracts are exchanged on or after 1 February 2011
back to top

Remuneration of public authority deputies
The following fixed rates of remuneration will apply where the court appoints a holder of an office in a public authority to act as deputy:

Category I

Work up to and including the date upon which the court makes an order appointing a deputy for property and affairs.
Amount £670 (plus VAT)

Category II

Annual management fee where the court appoints a local authority deputy for property and affairs, payable on the anniversary of the court order:

For the first year: Amount £700 (plus VAT)
For the second and subsequent years: Amount £585 (plus VAT).
Where the net assets of P are below £16,000, the local authority deputy for property and affairs may take an annual management fee not exceeding 3% of Ps net assets on the anniversary of the court order appointing the local authority as deputy
Where the court appoints a local authority deputy for health and welfare, the local authority may take an annual management fee not exceeding 2.5% of Ps net assets on the anniversary of the court order appointing the local authority as deputy for health and welfare up to a maximum of £500.

Category III

Annual property management fee to include work involved in preparing property for sale, instructing agents, conveyancers, etc or the ongoing maintenance of property including management and letting of a rental property.
Amount £270 (plus VAT)

Category IV

Preparation and lodgement of an annual report or account to the Public Guardian
Amount £195 (plus VAT)
The categories of remuneration, above will apply as follows:
•Category I to all orders appointing a deputy for property and affairs made on or after 1 February 2011.
•Category II to all annual management fees for anniversaries falling on or after 1 February 2011.
•Category III on the anniversary of appointment as deputy where the anniversary falls on or after 1 February 2011; or upon completion of the sale of a property, where the transaction was concluded on or after 1 February 2011.
•Category V to reports or accounts lodged on or after 1 February 2011.

Where the period for which the annual management fee ends before an anniversary, for example where the deputyship comes to an end before the anniversary of appointment, then the amount claimed must be the same proportion of the applicable fee as the period bears to one year.