Training: Post-Death Costs in Court of Protection Cases

When a Protected Party passes away, cost recovery becomes more complex. This focused session examines the Senior Courts Costs Office (SCCO) Practice Note issued in May 2024 and clarifies what can and cannot be recovered after death. We cover agreements with executors, applications for directions, documentation standards and assessment processes, giving learners the tools to protect costs and stay compliant with current guidance.

Training can be delivered online or in-person and adapted to your firm’s matters, ideal for small teams needing practical guidance or larger departments seeking a consistent approach.

Note: Content reflects the SCCO Practice Note (May 2024). We will flag any subsequent updates relevant to practice and recovery.

Duration: Up to 1 hour

Audience: Deputies, solicitors, costs lawyers, and COP teams dealing with matters following a client’s death

Delivery: Online or in-person; tailored to your firm’s caseload

Modules / Structure

• Introduction & Overview of the 2024 Practice Note (SCCO, May 2024)

• Court Authority and Costs Up to the Date of Death

• Independent Executors and Cost Agreements

• Recovering Post-Death Costs – Best Practice and Top Tips

• Non-Agreement of Costs and Applications for Final Directions

• Additional Costs and Delays in the Assessment Process

• When a Partner or Firm Member Administers the Estate

• Assessment and Objections – Navigating Challenges

Learning Outcomes

By the end of this session, delegates will be able to:

• Interpret the 2024 SCCO Practice Note and apply it to post-death COP scenarios.
  
• Distinguish recoverable costs pre and post-date death, with clear justification in the file.
  
• Structure and document agreements with independent executors to support recovery.
  
• Decide when to seek final directions where costs are not agreed
  
• Anticipate and evidence additional time arising from administrative delays in the assessment process.
  
• Assess conflicts/appropriateness where a partner or firm member acts as executor/administrator and reflect this in costs recovery strategy.
  
• Manage typical objections at assessment with references to the relevant guidance and authorities.

Please reach out to us at info@aandmbacon.co.uk for more information about the training we provide.