Probate Fee Increase Scrapped by Government | Curtis Parkinson %

Probate Fee Increase Scrapped by Government

22 October, 2019 2 minutes reading time


Dubbed the ‘stealth or death tax’ by many commentators, plans to increase probate fees up to a maximum of £6,000 have now been scrapped.

Ministry of Justice Announcement

Originally announced last November, Secretary of State for Justice Robert Buckland has now reversed the decision to change the current flat-fee structure in England and Wales to a sliding fee scale for those applying for probate.

Probate fees are paid when a person applies to administer someone’s estate after they die. Currently, in England and Wales, individuals pay a probate fee of £215 on estates worth more than £5,000, or £155 if applying through a solicitor.

Proposed Probate Reforms

The proposed changes, initially planned for April, were widely criticised. The Ministry of Justice (MoJ) initially delayed them due to Brexit. However, these reforms, projected to generate an extra £185 million for the Treasury, will now be reviewed as part of the annual assessment of court fees. An MoJ spokesperson stated that while fees are needed to fund the court system, they’ve listened to concerns about the probate fee changes and will review them to ensure fairness.

Professional bodies like STEP and the Law Society, which campaigned against the increases, welcomed this reversal. Emily Deane of STEP said this ends the uncertainty and worry caused by the proposed increases, which she called a “stealth tax on the bereaved.”

Current Position

Probate Fees

To reiterate, currently, the application fees in England & Wales are:

  1. £215 if the value of the estate is £5,000 or over (or £155 if applying through a solicitor);
  2. £Nil if the estate is under £5,000.

Continued Probate Registry Delays

The controversial probate fee increase was ultimately abandoned. However, the announcement of these significant changes caused a surge in probate applications before the proposed April 2019 implementation date. This, coupled with introducing a new IT system and personnel changes at the probate registry, created serious delays.

While it’s clear the application process has improved in recent weeks, the situation is far from perfect.

Applications continue to be dealt with in date order, starting with the oldest first. However, we are still experiencing delays of 6-8 weeks for a service that usually takes only two.

Our Advice

If you have been affected by probate registry delays or need advice or further information, please contact us. We’re here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

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