APPENDIX 4NON-CONTENTIOUS PROBATE COSTS
1. For work done in respect of business to which the provisions of this Appendix apply a solicitor shall be entitled to charge and be paid such sums as may be fair and reasonable having regard to, all the circumstances of the case and in particular to—
(1) the complexity of the matter or the difficulty or novelty of the questions raised;
(2) the skill, labour; specialised knowledge and responsibility involved on the, part, of the solicitor;
(3) the number and importance of the documents prepared or perused, without regard to length;
(4) the place where and circumstances in which the business or any part thereof is transacted;
(5) the time expended by the solicitor;
(6) the nature and value of the property involved;
(7) the importance of the matter to the client.
Provided that—
(a)without prejudice to the provisions of the Solicitors (Northern Ireland) Order 1976 (which relate to the taxation of costs), the client may require the solicitor to obtain a certificate from the Incorporated Law Society of Northern Ireland (hereinafter called “the Society”) certifying that the sum charged is fair and reasonable or, if it is not, what is a fair and reasonable sum, and the sum so certified (if less than that charged) shall, in the absence of taxation under the said Act, be the sum payable;
(b)before the solicitor brings proceedings to recover costs in respect of business to which the provisions of this Appendix apply, he must, unless the costs have been taxed under the Solicitors (Northern Ireland) Order 1976, have drawn the attention of the client in writing—
(i)to his right under paragraph (a) of the proviso to require the solicitor to obtain a certificate from the Society, and
(ii)to the provisions of the Solicitors (Northern Ireland) Order 1976;
(c)the client shall not be entitled to require the solicitor to obtain a certificate from the Society under paragraph (a) of this proviso after the bill has been taxed under the Solicitors (Northern Ireland) Order 1976, or has been paid;
(d)on any taxation of a bill in respect of business to which the provisions of this Appendix apply it shall be the duty of the solicitor to satisfy the Taxing Master as to the fairness and reasonableness of his charge; and
(e)if the Taxing Master allows less than one half of the amount charged, he shall bring the facts of the case to the attention of the Society.
2. The provisions of this Appendix apply to all non-contentious or common form probate business for which instructions are accepted on or after 1st January 1981.