FAQ's - Axis Legal

The process in which ownership of a property or a plot of land is transferred from one person to another.

The legal process does not require you to attend our office in person. So long as you are well organised we can provide documents to you electronically or by post, which you can sign and then return to us via post. This allows us to act for both local and national clients without delaying the moving process.

However should you wish to visit our office we would be happy to meet and discuss your matter with you.

HOW LONG WILL IT TAKE BEFORE I CAN MOVE?

An average property transfer takes around 6-8 weeks. This timeframe is not from when you return your documents to your solicitor but starts from when the buyer’s solicitor receives the legal contract documents. However this timeframe can vary greatly and can be affected by a number of factors such as the size of the chain and the type of property being transferred.

Everyone involved will be working to process your move quickly but we believe it is prudent not to set a date until all legal arrangements are finalised. It does help to have a date to aim towards but we would recommend you do not rely on this date until your solicitor tells you everything is ready. This is to try and avoid you serving notice on any current rental property or booking a holiday from work, only for you to experience difficulties if this date is not then achieved.

WHEN SHOULD I BOOK MY REMOVAL VAN?

Once contracts are exchanged your move date will become legally binding on everyone involved. At this stage the date cannot be changed without your agreement and you can secure your removal arrangements. If you make your removal arrangements before there is a binding contract, you do so entirely at your own risk.

MY LENDER SAYS YOUR FIRM IS NOT ON ITS CONVEYANCING PANEL. WHAT DOES THIS MEAN?

When buying a property with the assistance of a mortgage your solicitor usually acts on behalf of the lender at the same time. Your solicitor has to provide your lender with a report on the property before they will release the mortgage loan funds. Your mortgage lender has a list of the solicitors they will allow to act for them, known as their Lender Panel. Please do not be concerned if we are not currently on their panel as it is likely we can apply quickly to be added to this list. Please contact our office to discuss this issue with us.

WHY DO YOU NEED TO CARRY OUT CLIENT IDENTITY CHECKS?

Our professional rules, the requirements of the Land Registry and in the interest of fraud prevention we are required to carry out identity checks on all our clients. We require original or certified copies of your identification and proof of address documents before we can proceed further with your property matter. We carry out electronic identity checks on all our clients based on the documents you provide to us, but such checks will have no impact on your credit rating.

WHY DO YOU NEED TO CARRY OUT MONEY LAUNDERING CHECKS?

We require bank statements or equivalent evidence from all clients showing the source of all funds they intend to send to us. These checks are carried out on every client. We are required by law to collect this evidence to try and determine whether such funds have be acquired through proceeds of crime or funds in support of terrorism. Failure to comply with this requirement would be a criminal offence by our firm.

WHAT ARE PROPERTY SEARCHES?

Searches are carried out early in the process of buying a property and are paid for by the buyer. Once ordered the searches take on average 2-4 weeks to be received, depending on the turnaround time of the local council. If you are buying the property with the assistance of a mortgage it is likely these searches will be compulsory. If you are buying the property with your sole money you can decide whether you consider these necessary before you proceed. Examples of standard searches include a Local Authority Search, Water and Drainage Search, Environmental Search and Coal Mining Search; which each providing certain information relating to the property.

HOW DO I UNDERSTAND THE DETAILS OF THE PROPERTY I AM BUYING?

As the legal process is worked through you will be provided with copies of all documents along with Reports helping to explain the content of the documents. We will prepare these Reports which will usually relate to your mortgage, searches and the legal title of the property. Once you have received the reports if you still have any questions we would be happy to discuss these with you in more detail.

WHEN SHOULD I PAY MY DEPOSIT?

Once all the legal work has been finalised and you have received all your reports you will be ready to proceed. We will contact you to pay your deposit and once it is cleared in our client account we will be able to exchange contracts.

WHAT DOES EXCHANGE OF CONTRACTS MEAN?

Exchange of contracts is the process where the contract is made legally binding. On exchange the agreed completion date is inserted into the contract, setting the date your move will take place. Until this happens any completion date you have discussed is not which has been discussed is not definite. You do not need to be present at our office for the exchange to take place. Exchange is carried out via telephone between the solicitors, with the signed contracts and evidence of exchange being then swapped via post. However we will require you to contact us via telephone on the date of exchange to provide us with your authority to proceed.

Conveyancing Prices

Our prices vary depending on the type of property matter such as whether it is a sale, purchase or re-mortgage, aswell as the individual details of the property and your transaction such as whether the property is freehold or leasehold, registered or unregistered, etc.

For a swift and concise process please use our Quote Calculator on our website to obtain a basic Fees Estimate for your matter.

For a more detailed quote process please contact our offices via telephone and we will discuss your matter in detail and happily provide you with a full Fees Estimate breakdown for your consideration.

Typical disbursement costs for a sale and/or purchase are outlined within our Quote Calculator.

Our fees for a remortgage range between £400.00 – £600.00 plus VAT and disbursements. Typical disbursement costs for a remortgage property are as follows: (All figures inclusive of VAT where applicable)

Client Electronic ID Check (per person) – £6.71
Estimated Property Searches or No Searches Indemnity Policy – £200.00 / £60.00
Title Register and Filed Plan – £12.00
Bankruptcy Searches (per person) – £2.00
Land Registry Priority Search – £3.00
Land Registry Application Fee – Dependent on value of the property and/or remortgage loan value – Minimum electronic fee £20.00

Will Drafting Prices

For a basic straightforward Will our fees start from £200.00 plus VAT at 20% , where conducted at our offices. Where you require a home visit or out of office attendance our fees start from £500.00 plus VAT at 20% .

Additional fees will apply where further terms need to be included or where the Will is more complex.

Probate Prices

Our fees to apply for a Grant of Probate or Letters of Administration, in strictly application submission only matters and where there are no requirements on us to assist with the administration of the Estate our basic fees start from £500.00 plus VAT at 20% and disbursements.

Our average fees to administer an Estate vary depending on the complexities of the case and the assets involved from from £1,500.00 plus VAT at 20% to £10,000.00 plus VAT at 20% . We would recommend contacting our offices to discuss the nature of your Estate where we will provide you with a written Fees Estimate breakdown for your consideration before you decide whether to instruct us.

Upon the conclusion of your matter you would be provided with an Accounts Summary confirming all funds received, paid out, fees, VAT at 20% and disbursements upon the conclusion of the administration of the Estate for your approval.

Typical disbursements you could incur:

Probate Registry’s fee £155

Official Grant copies £1.50 per copy

Swear/Affidavit fees £5.00-£7.00 per Executor

Creditor’s Notices £150.00 – £250.00

Land Registry Title documents for property £6.00 per property

Bankruptcy Searches £2.00 per name

Hourly Rate & Expertise Information

Qualifications and expertise

Several team members within Axis Legal are not legally qualified but have a collective experience of over 25 years working on cases in property and private client matters. All matters within Axis Legal are supervised by Thomas Shuttleworth, being a solicitor and Director of Axis Legal (‘the Director’), with over 14 years post qualification experience. All matters will be reviewed and authorised to proceed by the Director before being finalised for you.

Costs and Hourly Rate Assessments

Whilst we aim to act for clients using a range of fixed fee options, in the event of complications or in the event your matter does not proceed and an abortive Invoice becomes required we charge for the legal work we do on a time recorded basis using an hourly rates system.

Our charging rate is based upon the seniority and experience of the file handler working on your case as follows:

£217.00 per hour plus VAT at 20% – Solicitors or CILEX with at least 8 years post-qualification experience (PQE);
£192.00 per hour plus VAT at 20% – Solicitors, CILEX or Costs Lawyers with at least 4 years PQE;
£161.00 per hour plus VAT at 20% – Solicitors, CILEX or Costs Lawyers with up to 4 years PQE and other staff of equivalent experience;
£118.00 per hour plus VAT at 20% – Non-Qualified Case Handlers, Paralegals, trainees, administrative staff or equivalent

As well as our costs there will also be expenses such as disbursements specific to your matter which become payable at the time they are incurred.

More specific information is contained within our initial Welcome Pack Instruction documents or should you wish to have a more detailed discussion we would recommend contacting us via telephone prior to instructing us to act for you.

VAT

Any VAT applicable to disbursements will be charged at the discretion of the relevant Third Party when they issue their Invoice. Axis Legal have no influence or control over any such Third Parties and cannot guarantee any set rate of VAT that will be applied. However we would expect any rate to be compliance with the government rate with this currently being 20%.

Any VAT applicable to the fees of Axis Legal will be charged at the government rate at the date the Invoice is issued; currently this being 20%.

Property Sale Process

An average timeframe for a property sale, from point where all parties have instructed solicitors and contract documents have been issued, is between 8 weeks – 14 weeks. This is just an average and your sale could complete quicker or could take longer.

The conveyancing process is complicated as timeframes are affected by many varying factors such as speed of the parties, availability and inspection of title and legal documents, whether the property is freehold or leasehold, source of funds evidence inspection, availability of property searches, mortgage lender requirements, planning and Building Regulations requirements, all parties in the chain being ready and more.

Each individual conveyancing sale is unique but will generally include the following processes:

Property Purchase Process

An average timeframe for a property purchase, from point where all parties have instructed solicitors and contract documents have been issued, is between 8 weeks – 14 weeks. This is just an average and your sale could complete quicker or could take longer.

The conveyancing process is complicated as timeframes are affected by many varying factors such as speed of the parties, availability and inspection of title and legal documents, whether the property is freehold or leasehold, whether the property is a flat or a new build property, source of funds evidence inspection, availability of property searches, mortgage lender requirements, planning and Building Regulations requirements, all parties in the chain being ready and more.

Each individual conveyancing purchase is unique but will generally include the following processes:

Property Remortgage Process

An average timeframe for a property remortgage, from point where you have instructed your solicitor and the mortgage offer has been received, is 6-8 weeks. This is just an average and your remortgage could complete quicker or could take longer.

The conveyancing process is complicated as timeframes are affected by many varying factors such as speed of the parties, availability and inspection of title and legal documents, source of funds evidence inspection, availability of property searches or arrangement of equivalent indemnity insurance, mortgage lender requirements, planning and Building Regulations requirements and more.

Each individual conveyancing remortgage is unique but will generally include the following processes:

Will Preparation Process

An average timeframe for preparation of a new Will, from point where you have instructed your solicitor and provided initial drafting instructions, is 2-4 weeks. This is just an average and your Will preparation could complete quicker or could take longer.

The preparation of every client Will is unique but will generally include the following processes:

Fees Estimate – We provide you with a Will Fees Estimate and discuss any cost enquiries and general Will enquiries you have. If you are in agreement with the figures and our arrangements you instruct us to act for you.
Client Welcome Pack documents – We provide you with your initial Welcome Pack documents for your completion and return to us. This includes requirements such as your ID evidence, proof of address evidence, Will preparation details and and client personal details.
Client Will Needs and Requirements Assessment – Generally we will propose you meet with us in person to discuss your Will requirements and your wishes. This is done in a relaxed environment and is not often found to be the uncomfortable or sober most clients it fear it will be. We obtain the information we require through talking through with you what you want to happen when you are no longer here and how you can protect the love ones you leave behind. Should any inhertitance tax advice be required we can provide generic advice on tax planning but in more complex instances we would advise you consult a qualified Financial Advisor prior to finalising your new Will.
Reflection Period – We would advise once you have provided us with your Will preparation instructions that you wait a short period to reflect on your instructions and the advice we have provided to you. During this time we will prepare your new Will and arrange an appointment for your to finalise your new Will with us.
Signature of New Will – We will provide you with the draft Will and discuss all points with you. Should any amendments be required we will attend to these for you. We will witness your signing of the Will and your process is complete.
Will Retention – We will provide you with a certified copy of your new Will for you to store within your personal records. We shall store your original executed Will for safety reasons and peace of mind for you.

Probate Application Process

A average timeframe for the preparation of a Probate application, prior to it being ready for submission, from point where you have instructed your solicitor and provided initial drafting instructions, is 4-8 weeks. This is just an average and the preparation could complete quicker or could take longer depending how quickly the information and evidence documents are availability and the complication level of any inheritance tax assessment required.

The Probate Registry estimate an average timeframe for processing a Probate application once received by them is approximately 6 weeks. This is just an average and the processing of the application could complete quicker or could take longer depending on how complication level of the Estate and the assessment of the assets.

The overall timeframe for the process would be estimated to be 14 weeks. HMRC require you to be in a position to submit any inheritance tax information, and payment of any taxes due, within 6 months from the date of death of the deceased.

The preparation of every client Probate application is unique but will generally include the following processes:

Axis Legal Complaints Procedure

Our Complaints Policy

Axis Legal are committed to providing a high quality level of legal services to all our clients and associated third parties. When something goes wrong or where we are not meeting the service levels required we need you to tell us. We always seek to work in co-operation with our clients as this will help us to improve and maintain our standard levels.

Our Complaints Procedure

If you have a complaint, please provide us with the full details, preferably in writing.

What will happen next?

1. We will write to you acknowledging your complaint and may ask you to provide further details if necessary. We will also let you know the name of the person who will be dealing with your complaint. You can expect to receive our letter within 14 days of us receiving your complaint but we will always try and acknowledge your complaint with you as soon as possible.

2. We will record your complaint in our central register within 14 days of receiving your complaint.

3. Once we receive your complaint we will start to investigate your concerns based on the information you have provided to us. This process will typically involve the following steps:-

a) We will pass your complaint to Tom Shuttleworth, our client care partner, within one week.

b) We will ask the member of staff who acted for you to comment on your complaint within two weeks.

c) We will then consider your complaint, the comments of the relevant member of staff and examine your file. We will, where necessary, speak to the member of staff who acted for you. This will take up to two weeks from receiving their comments and the file review.

4. Tom Shuttleworth will then write to you with a detailed response to your complaint. This will include our findings upon investigating the matter and our suggestions for resolving the matter. We will do this within eight weeks of our acknowledging your complaint.

5. Upon the conclusion of our findings and our suggestions to resolve the issues raised and your concerns if you remain unhappy with our response then you can refer your complaint to the Legal Ombudsman (LeO), an independent complaints body established under the Legal Services Act, who can investigate complaints about the legal service you have received from us.

The Legal Ombudsman can investigate complaints up to six years from the date of the problem happening or within three years of when you became aware of the problem.

If you wish to refer your complaint to the Legal Ombudsman this must be done within six months of the date of our conclusions and final response letter.

You can contact the Legal Ombudsman by visiting www.legalombudsman.org.uk contacting them on 0300 555 0333 or by email on enquiries@legalombudsman.org.uk.

Or you can write to them at;

Legal Ombudsman of PO Box 6806, Wolverhampton WV1 9WJ

Your right to complain is not restricted simply to our conduct but also about the amount of our bill. In addition to your rights to complain about our bill under our Complaints Procedure and to the Legal Ombudsman, you may also have a right to object to the bill by applying to the Court for an assessment of the bill under Part 3 of the Solicitors Act 1974. We are obliged to inform you that if all or any part of the bill remains unpaid, we may be entitled to charge interest upon it.

In addition to directing a complaint to the Legal Ombudsman (LEO) you will be able to refer your dispute for Alternative Dispute Resolution (ADR). There are three Institutions available to deal with disputes in the legal services sector, namely the Ombudsman Services, ProMediate and Small Claims Mediation. If required, we will provide contact details for those mediation services.

You also have the right to make a report to the Solicitors Regulation Authority (SRA) in the event the your complaint relates to;

A breach of a Principle of the SRA Standard and Regulations 2019 and/or;
Allegations of dishonesty or discrimination.

To make a report see http://www.sra.org.uk/consumers/problems/report-solicitor.page or contact the SRA at

Solicitors Regulation Authority of The Cube, 199 Wharfside Street, Birmingham B1 1RN Tel : 0370 606 2555