Legal News | 2.09.21
Back to… probate fee consultations?
School is not the only thing that is back this September. The government is again consulting on increasing the fee for applying for a grant of representation in England and Wales.
Under the current system, a distinction is drawn between applications submitted by probate practitioners (including solicitors) and applications submitted by members of the public with the former attracting a fee of £155.00 and the latter attracting a fee of £215.00. No fee is payable for applications submitted in respect of estates valued at less than £5,000.00.
The government proposes to do away with this distinction and charge a fee of £273.00 for all applications submitted in respect of estates valued at more than £5,000.00. The government believes this increase would align the fee with the cost to HM Courts and Tribunals Service (HMCTS) of processing applications and would not produce a profit for the government.
Any increase of the fee for applying for a grant of representation in England and Wales is likely to be unwelcome but this proposal is a marked improvement on the government’s previous proposal under which a fixed fee would have been replaced by a sliding scale based on estate value with estates valued at more than £2,000,000.00 paying a fee of £20,000.00.
The government’s consultation closes on 23 September 2021 and, subject to the outcome of the consultation, the increase is expected to be introduced in early 2022. If you would like to respond to the consultation, you can either e-mail mojfeespolicy@justice.gov.uk or write to The Fees Policy Team, Ministry of Justice, 102 Petty France, London SW1H 9AJ.
Wansbroughs will continue to monitor developments but if you have any questions, please do not hesitate to contact Wansbroughs’ private client team at wealth@wansbroughs.com.
