Probate fees increase – don’t miss the deadline!

20 March, 2017
by: Cripps

Despite overwhelming objections received during the consultation, the MOJ recently announced proposed increases in probate fees:

Value of estate                           Proposed fee

Up to £50,000                              £0

Between £50k-£300k                 £300

Between £300k-£500k               £1,000

Between £500k-£1m                  £4,000

Between £1m-£1.6m                   £8,000

Between £1.6m-£2m                   £12,000

More than £2m                            £20,000

https://www.lawgazette.co.uk/law/moj-confirms-hike-in-probate-fees/5060010.article

Current fees are £215 or £155 for those applying through a solicitor.

The changes are currently expected to come into force in May, once parliamentary approval has been obtained.  However, no implementation date has yet been announced and some further guidance released by the MOJ, in response to questions raised about the announcement, does not confirm a specific date.  

The guidance does, however, include the following:

The new fees will apply to all applications received by the probate service on or after the implementation date of the new fees irrespective of the date of death. Any application received within working hours of the Probate Registry before the implementation date will be charged the current fee. Subject to approval of the necessary legislation by Parliament, we expect the new fees to take effect from May 2017, but the exact date will be confirmed nearer the time.

There is likely to be an inevitable scramble as solicitors and individual executors submit applications before this date.

However, for solicitors there is the added concern that a delay on their part may lead to allegations of negligence if additional (higher) fees are incurred as a result. 

For more information please contact Pradeep Oliver on pradeep.oliver@crippspg.co.uk or +44(0)1892 765 453.