Probate Fees May Rise as Delays Continue

27 July, 2021 2 minutes reading time

Professional organisations, like the Law Society, have criticised the Ministry of Justice’s (MoJ) plan to increase probate fees. This criticism comes as grieving families already face long delays in granting probate. However, the government argues that HM Courts & Tribunals Service (HMCTS) operates at a loss, unfairly burdening taxpayers who must cover the difference.

Proposed Probate Fees Increase

The government proposes a new probate fee structure, eliminating the difference between professional and individual applicants. The current fees of £155 (professionals) and £215 (individuals) would be replaced by a single £273 fee for everyone, regardless of estate size.

These proposed fees are different from those considered and abandoned in 2019. The Ministry of Justice (MoJ) states these new fees won’t generate profit. This uniform fee aligns with HM Treasury’s policy for managing public funds. Estates under £5,000 will remain exempt from fees. An MoJ spokesperson stated that all fee revenue will cover processing costs, ending taxpayer subsidies.   

Probate Application Delays Continue

Statistics published for the first quarter of 2021 show the average time between applying, and the issuing of a grant was eight weeks.

However, the adverse effects of the pandemic last winter meant that application numbers spiked in February. This slowed the process further. Furthermore, technical issues accessing the new online service (mandatory for professionals) suggested the application process was far from seamless. However, according to HMCTS, all IT issues are fixed.

The Law Society President Stephanie Boyce said: “The MoJ’s persistence of raising fees in the probate service is worrying, particularly when there are continued and significant delays to the probate service.”

“Any increase in fees must be reflected in the service provided. The online service was specifically designed to streamline the process, and the UK Government must get the system working efficiently before upping costs to both professional and non-professional users alike.”

The consultation opened on 8 July and will close on 23 September.

Our Advice

If you have concerns about an estate that involves you or your family or have any questions about obtaining a Grant of Probate, 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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