Ministry of Justice confirmed increase in probate fees

The Ministry of Justice (MoJ) has confirmed that the fee for probate applications is changing and all users of the probate service will pay a higher, flat fee. Probate fees allow the bereaved relatives to unlock the deceased’s estate.

At present, probate applications are charged a fee of £155 if made by a professional probate practitioner, and £215 if made by an individual in a personal capacity. These fees apply where the value of the estate exceeds £5,000.

However from 26^th January 2022, a single fee of £273 for all applicants will apply if the probate application is received on or after this date, these fees still only apply where the value of the estate exceeds £5,000. The fees were last amended in 2014 where the Government said, a higher fee for non-professional applicants reflected the additional administration work required from probate services to process them.

In December 2016, the Government stated that it currently cost HM courts and Tribunal services (HMCTS) more to process probate applications than the fees it receives, thus a proposal to reform probate fees was being pushed by the Government at this time. They proposed seven different bands whereby fees were based on the value of the estate, rising to a maximum fee of £20,000 for estates worth more than £2 million.

The tiered system would have brought more estates of lower value into the £0 cost bracket however, the top fee was extremely high and these fees would be due before any funds can be released from the estate. After the proposal attracted criticism, the Government reduced the proposed fees, however opposition continued and eventually the plans no longer intended to proceed.

The new consultation on probate fees in 2022 proposes to align the fees and eliminate the discrepancies between categories of user (professional and non-professional). The Government says the new proposed fee coming into effect in 2022 reflects the full cost to HMCTS of providing the service and would not generate a profit for The Government.

According to This Is Money, Legal experts have hit out at the timing of the increase when bereaved people face waits of six to nine weeks to obtain probate – a vital step to gain control over an estate after someone dies, MoJ acknowledges concerns that any increase should be reflected in improvements to the services. Chancery Lane has suggested users should be offered reimbursement for delays, but Law Society of England and Wales president, Stephanie Boyce said the MoJ has not confirmed if this is something it will proceed with.

The MoJ will continue to waive probate fees altogether for estates worth £5,000 and under.