New court fee proposals announced by the Ministry of Justice (MoJ) will mean the cost of filing a probate application will rise by 75 per cent, from £300 to £526.
If these changes are approved by Parliament, smaller estates would be disproportionately affected by rising administrative costs.
What is the purpose of these changes?
After someone dies, applying for probate is an important step to gain control over an estate. This allows executors to access bank accounts, settle debts, handle property and distribute the estate to beneficiaries.
One in two bereaved families need probate after someone dies, according to Co-Op Legal Services.
The rise in probate fees has been described by the MoJ as a method to strengthen cost recovery.
According to the MoJ, the additional £226 will be used to account for rises in inflation as well as investment in delivering a ‘modern, ever-improving and efficient’ service.
Elsewhere, fees are being lowered for when someone requests copies of probate documents alongside their probate application, from £16 to £2.
These changes will come into effect from 13 July if given parliamentary approval.
How will these fees affect me?
While probate applications are free for those with an estate worth under £5,000, marginally more valuable estates will face this £526 fee.
This rise can disproportionately affect those who only just exceed the threshold, leaving smaller estates spending a disproportionate amount more on probate relative to estate value.
What you can do
The steep rises in probate fees and the confusing legal jargon can be overwhelming, especially for families dealing with the loss of a loved one.
We want to reassure you that despite the rise in government administrative costs, our fees will remain the same as they were before the announcement.
If you are experiencing bereavement and want advice on probate to understand how it works, how you apply for it, and what these fees mean for you, please book a consultation with our specialists.
