Probate fees to be reformed

Probate fees are set to be reformed in April this year after the government announced proposals to change rates in England and Wales.

Probate fees are paid when administering someone's estate after they die; families currently pay a flat fee on estates over £5,000, costing £215 or £155 through a solicitor.

However, the Ministry of Justice is set to raise the threshold to £50,000 from April, with fees to be paid based on how much an estate is worth.

Whilst estates less than £50,000 would require no fee, fees for estates worth between £50,000 and £300,000, will range from £250, to £6,000 for estates worth more than £2 million.

In a written statement to Parliament, the Parliamentary Under-Secretary for the Ministry of Justice Lucy Frazer MP said: “This new banded fee model represents a fair and more progressive way to pay for probate services compared to the current flat fee and reflects our commitment to protecting access to justice by ensuring we have a properly funded and resourced courts system.

“We are also confident these fees will never be unaffordable. The cost of the fee is recoverable from the estate and executors have several options to fund it. Moreover, the Lord Chancellor retains a power to remit a fee if he considers there are exceptional circumstances.”

The 2018 draft Order was considered by the 14th Delegated Legislation Committee in February, and is now awaiting formal approval from the House of Commons.

The government had previously raised proposals to increase probate fees before 2017’s general election.

• www.rochdaleonline.co.uk/news-features/1/business-news/109594/cla-welcomes-scrapping-of-plans-to-increase-probate-fees