Probate Fees are the Court’s charge for processing the paperwork which enables Executors dealing with the estate of someone who has died to access the assets left in the Will.   

In 2014 the Ministry of Justice was heavily criticised for trebling Probate Fees to £155, when the application is made through a Solicitor, and the fee is higher for those trying to deal with the estate themselves.

So it’s hardly surprising that this week’s announcement that the Government is going ahead with new proposed rises – despite a consultation process that resulted in only 2% of respondents agreeing with the idea – has not gone down well at all.

The new fees are based on a sliding scale depending on the value of the estate, and payable on estates worth over £50,000.  While this idea might seem fair in principle, the figures announced seem completely unjustifiable, and totally disproportionate to the actual service being provided.

If Parliament approves this increase then from May this year an estate valued at over £500,000 – which in our local area of Barnet would just about buy a small 3 bedroom terraced house – will be liable to Fees of £4,000.  For estates over £1 million, which are not uncommon in the South East where property prices have soared, this fee rises to £8,000 and goes up to a breathtaking £20,000 for an estate of £2 million; and these fees must be paid upfront, before the Grant is issued, and therefore before any money in the estate can be accessed.  This is on top of any Inheritance Tax payable on the death!

As a Solicitor specialising in Wills and Probate, it’s my job to help clients plan for what is always a difficult time for those they leave behind, and help the bereaved to deal with the aftermath of losing a loved one.  The Ministry of Justice have just made it a whole lot harder to do this – so where’s the justice in that?

If you have any questions or concerns about making your Will or dealing with Probate, then let me know at timesquestions@anvoner.co.uk and I will do my best to put your mind at rest.