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Costs Following the Death of P in General Management

Costs Following the Death of P in General Management

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This update has been written by Adrian Hawley, Client Relationship Manager.

Almost a year ago the OPG and SCCO issued updated guidance on dealing with professional deputy costs. This covered a number of items dealing with the submission of estimates of costs and bills for assessments and ultimately what can be claimed in general management bills. 

Following the death of P, professional costs will need some attention to ensure costs are recovered. Upon the death of P the Court of Protection no longer has jurisdiction, and the Senior Courts Costs Office (SCCO) cannot assess any costs incurred after the death of P. The deputyship ends on that date. The SCCO has no authority to consider any costs incurred after the date of P dying.

Costs Incurred before Death

  • Costs for work done during P’s lifetime remain recoverable.
  • The original deputyship order continues to provide authority for:
    • Detailed assessment of those pre-death costs.

Ongoing Assessments at Date of Death

  • If a detailed assessment has already started before death:
    • The SCCO can continue and complete it.
    • No further authority from the Court of Protection is needed.

What Deputies Must Do After Death

  • The deputy should:
    • Refer their bill to the executor of P’s estate.
    • Attempt to agree costs without formal assessment (per Practice Direction 23B, para 10).

Conflict Situation (Deputy is also Executor)

  • Where the professional deputy is also the executor:
    • There is a conflict of interest.
    • The bill should be submitted to the SCCO for assessment.
    • The SCCO does not require Court of Protection permission to carry out that assessment (for pre-death costs).

Overall Review of Costs Following the Death of P

  • No recovery via SCCO for post-death work.
  • Pre-death costs remain assessable, including completing ongoing assessments.
  • Post-death process shifts to estate administration, with SCCO involvement only where appropriate (e.g. conflict or ongoing assessment).

Guidance

Professional Deputy Costs

Updated 28 May 2025

Professional Deputy Costs – GOV.UK