Significant increase in Probate fees proposed.
Kate Collins takes a look at the proposed reform of Probate fees. If you would like assistance to apply for a Grant of Probate or with Estate Administration, please contact Kate on 01905 900919 or by emailing: katec@bradleyhayneslaw.co.uk. Our probate team can assist as much or as little as required, depending on the individual circumstances of the Estate being dealt with.
Obtaining the Grant of Probate or completing Estate Administration can be a complicated obstacle during an already difficult time. If you would like to discuss how our Probate team can help you, please contact our offices on the details shown below.
In November 2018, the Government announced that fees to apply for Grants of Probate would be reformed by the Non-Contentious Probate (Fees) Act 2018. This was due to come into effect on 1st April 2019. This announcement caused a massive influx of applications that were rushed through in order to beat the deadline and to avoid the proposed costly increase of fees.
Under this order, the Probate fees were due to increase from a fixed fee of £215 or £155 (if using a Solicitor) to a sliding scale ranging from £250 up to £6,000, which was dependent on the value of the Estate.
The date for this Act to be introduced has been delayed regularly since the anticipated April introduction. The introduction of this Act then lapsed due to the Prorogation of the Government. This meant, under prorogation, that all motions that had not been answered, or Bills that had not obtained Royal Assent, would not progress any further. As the Supreme Court recently ruled that the prorogation of the Government was unlawful, it means that any motions and Bills introduced from 2017 will now be reintroduced and processed.
Simon Davis, the Law Society President has stated: ‘It is inherently unfair to expect the bereaved to fund other parts of the courts and tribunal service, particularly in circumstances where they have no other option but to apply for probate. Should the order be reintroduced, we will continue to campaign against its introduction. This is a tax on grief.’
It is important to remember that not all Estates require a Grant of Probate, however all Estates do require Estate Administration. The requirement for the Grant of Probate depends on the assets held within the Estate and how these are being transferred to beneficiaries.
From October this year, any solicitor or probate practitioner will be able to apply for probate online. It has been suggested that this online probate application system will offer a robust and efficient way to apply for probate.
If you would like assistance to apply for a Grant of Probate or with Estate Administration, please contact Kate Collins on 01905 900919 or by emailing: katec@bradleyhayneslaw.co.uk. Our probate team can assist as much or as little as required, depending on the individual circumstances of the Estate being dealt with.