From Monday, July 13, grieving families in the UK face a new probate fee of £526, a 75% increase from the previous £300 charge. The Ministry of Justice attributed the rise to inflation and investment in modernising the service. This fee applies to estates valued at £5,000 or more.
What is Probate and Who Needs It?
Probate is the legal process of managing a deceased person's estate, ensuring assets and money go to the rightful heirs and that outstanding taxes and debts are paid. Applications are required if the estate is worth over £5,000. Executors named in a will are responsible for applying; if no will exists, the closest surviving relative typically handles it.
Steep Rise in Fees
The fee had already increased from £273 to £300 in May 2024. The latest hike brings it to £526. However, the cost for requesting copies of probate documents has been reduced from £16 to £2, reflecting the actual cost of that service.
Ian Bond, a solicitor specialising in wills, trust, and probate, told the Law Gazette: "I can imagine many probate practitioners will not be happy with the new fees." He noted that the increase coincides with a growing backlog in the probate service and declining service levels for complex cases.
Criticism Over Service Quality
Heather Parker, head of private client at Nottingham firm Actons Solicitors, added: "Over recent years we've seen these fees more than double all in the name of better systems, better efficiency, better user experience. In reality though we are still seeing families wait months at a time, during what is already a period of grief and stress for their application to go through the system and it is hard to justify the increase in costs to clients when there is no discernible improvement in the service being provided."
How to Apply and Financial Help
Applications are submitted to HM Courts & Tribunals Service (HMCTS) online or by post. The fee is waived for estates under £5,000. Those on low incomes or receiving certain benefits may qualify for financial assistance with the probate fee and other court costs.
Inheritance Tax Changes on Pensions
From next year, families will also have to pay inheritance tax on a deceased loved one's pension, closing a loophole that previously allowed pensions to be passed on tax-free. Currently, unused pension funds can be inherited without inheritance tax liability.
