Probate Fees – When are they increasing?
On the 6th November 2018, the government reintroduced the idea of a “banded” probate court fee; charging those with a lower estate value a lower amount than those with a higher estate value. The date for these increases was announced as the 1st April 2019, and those of us making applications were working harder than ever to ensure applications were in before this date.
However, the 1st April came and went, with no introduction of increased fees; the government must have had other things on their mind! So what are the proposed new fees, and when are they to be introduced?
What is the Probate Court Fee?
The Probate Court Fee is the fee made payable to the Court when an application for a Grant of Probate, or Grant of Administration, is applied for. Whether you apply for a Grant of Probate or a Grant of Administration depends on whether you have a Will, and executors, or not. The Probate Court Fee is not fees to HMRC and to solicitors, which are payable as well as the Probate Court Fee, if appropriate.
What is the current Probate Court Fee?
Through a solicitor, the current fee is £155.00, plus 50p per additional copy that you require.
If you decide not to use a solicitor, the fee is £215.00, plus 50p per additional copy that you require.
If the estate is valued below £5,000, there is no Probate Court Fee.
What is the proposed Probate Court Fee?
The new Probate Court Fee is based on the value of the estate.
|
Estate Value |
Proposed Probate Court Fee |
|
Under £50,000 |
Free |
|
£50,001 - £300,000 |
£250 |
|
£300,001 - £500,000 |
£750 |
|
£500,001 - £1 million |
£2,500 |
|
£1 million - £1.6 million |
£4,000 |
|
£1.6 million - £2 million |
£5,000 |
|
Over £2 million |
£6,000 |
When will it be introduced?
Before it can be introduced, it must be laid before Parliament. Once this has happened, the fees will come into force 21 days later. There is currently no date for the change to be put before parliament, and so we are left in the dark as to when the increase will happen.
Can I apply in the meantime?
HMRC and the Probate Registry have announced that whilst the Probate Fee debate continues, they will accept “split applications”. This means that applications can be sent to the Probate registry, before the related Inheritance Tax form is returned. This means that executors can still make applications under the old Probate Fee system.
Legal Advice
It is important to take legal advice about Probate. If you have any questions about the new fee system, or anything else, please call our offices on 0116 212 1000 to speak to one of our specialist team. We have offices in Leicester, Wigston and Market Harborough, and also offer home visits.
This document is for informational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given.
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