What the hike is happening with probate registration fee?

The year 2018 saw the Ministry of Justice roll out the proposal to increase fees payable to Her Majesty’s Courts and Tribunals Service for processing probate applications. In order to obtain a ‘Grant’, an application along with the relevant court fee must be made.  

The hike in fees would have seen families pay application fees of up to £6,000 depending on the size/value of the estate. September 2019 brought the welcomed news that the campaign to increase these probate registration fee had been scrapped.

Under our current system if a deceased’s estate is worth less than £5,000 there will be no application fee for an administrator/personal representative to pay. If a deceased’s estate is worth over £5,000 a flat rate probate application fee of £215 or £155 is payable if the application is made by a solicitor.

The Ministry of Justice hikes again

The Ministry of Justice is now looking to change the current system once more to increase the probate application fee to a flat fee of £273 for all applications made, irrespective of the value of an estate.

The probate fee hike is an attempt to raise an extra £23-£25 million a year for the courts, where a current £85 million deficit exists in the family jurisdiction services.

The proposal of this new flat fee is expected to lead to more efficient and speedy services. Our current system is described as operating ‘at a loss’ as the process for a probate application simply outweighs the fee of £215 or £155 paid for it, but with online services now readily available and even mandatory for legal professionals, it is easy to question whether this hike is really all that necessary.

Consultations on the fee hike are due to come to an end on 23 September 2021.

If you wish to discuss your probate matters further then our team of experts are here to help.