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Probate fee hike unlawful?
14 December, 2018 2 minutes reading time
Changes to Probate Fees
Starting in April 2019, the government plans to increase probate fees based on estate value. Despite widespread criticism, the Ministry of Justice (MoJ) confirmed these controversial changes in November. The Institute of Chartered Accountants in England and Wales (ICAEW) and the Joint Select Committee on Statutory Instruments have criticised the MoJ, believing it’s an abuse of constitutional power.
Government Rationale
The changes to probate fees are part of the government’s initiative to reduce MOJ running costs, reportedly over £40m. The new system, projected to generate over £150 million, aims to automate probate applications, like paying car tax.
However, critics argue these fees are actually a wealth tax and should be treated as such, facing the same scrutiny. Some even question the MoJ’s authority to implement these changes.
Probate Fee Changes
Currently, probate application fees are £155 for solicitors and £215 for individuals. The Ministry of Justice (MoJ) proposes linking fees to estate value, as shown in the table below :
Size of the estate | Current Fee | New Fee | Difference |
Up to £50,000 | £215 | No charge | – £215 |
£50,000 – £300,000 | £215 | £250 | + £35 |
£300,000 – £500,000 | £215 | £750 | + £535 |
£500,000 to £1m | £215 | £2,500 | + £2,285 |
£1m to £1.6m | £215 | £4,000 | + £3,785 |
£1.6m- £2m | £215 | £5,000 | + £4,785 |
Above £2m | £215 | £6,000 | + £5,785 |
Impact of Probate Changes
The Ministry of Justice (MoJ) claims the new probate fee system will eliminate fees for thousands of families, protecting an extra 25,000 estates annually. While this might be true, executors should prepare for a surge of applications before the April fee increases take effect.
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