News

Probate Fee Increase Scrapped

A potential increase in probate fees has been officially scrapped by the Lord Chancellor.

The Lord Chancellor has officially confirmed that the Government’s proposal to raise the fee for Grant of Probate applications from £215 to a sliding scale, which could have been as high as £6,000, won’t be going ahead.

What are the actual Probate fees?

If you’re an executor submitting a Grant of Probate application personally, the cost will remain at £215.
If the application is made by a solicitor, the fee will remain at £155.

The fee for additional copies of the Grant of Probate has changed from 50p each to £1.50, however this is a minor increase in comparison to the intended fee increase for probate applications.

Why was the probate fee increase scrapped?

The Law Society had been campaigning against the proposed fee increases since it was announced.

The Law Society argued that the fee increase was a tax on grief, with the recently bereaved expected to bear the brunt of funding shortfalls across the court system. The increased fees could have caused significant cash flow problems for many, especially those estates which are asset rich but cash poor.

The Law Society also argued that the planned fee increase represented a misuse of the Lord Chancellor’s power to levy fees.

The Law Society stated

“The disproportionate level of the proposed fees would have effectively amounted to a stealth tax, and the use of a statutory instrument to implement them – a route that allows less parliamentary scrutiny than formal legislation – would have set a dangerous precedent for future tax rises.”

The new fees were intended to be introduced in April 2019. Fortunately, the plans were never brought to a vote in the House of Commons.

How do I apply for a Grant of Probate?

If you require assistance preparing and submitting an application for a Grant of Probate, or help with any other part of administering a loved one’s estate, our team of friendly and experienced staff are on hand to guide you through the process.

We offer a comprehensive Executor’s Support Service where we can assist you as much as you need, allowing you to either let us take all the stress away and help with all aspects of administering an estate, or to simply assist with a single element of estate administration.

We’re here to help you through difficult times like these. If you have any questions about Grants of Probate, please do not hesitate to contact a member of our Wills and Probate team.