Probate Application Fee Increase Comes Into Force

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Following consultations last year, the Ministry of Justice have raised the cost of all Grant applications made to the Probate Registry from 26th January 2022, from £215 to £273 (based on applications without a solicitor). This is the better approach to what the government originally proposed, which was to charge on a sliding scale based on the value of an Estate, which would have seen grieving families pay up to £6,000 for probate. However, the increase in fees to £273 is still a large rise for consumer by 26% for individuals applying for probate.

The Ministry of Justice advise that the increase in fees will fund their investment in a first class digital probate service, and to ensure shorter waiting times, and fewer user and administrative errors.  However, since the start of the pandemic, bereaved families have had to deal with extensive delays in probate, with an average wait of 6 – 9 weeks.

The probate service still needs to make improvements to their systems. It is therefore hoped that the fee increase will bring positive changes, and reduce the waiting time to receive a Grant.

There is also a concern amongst solicitor firms, that the universal fee, applied to professionals and individuals applying alike, could encourage families to reduce costs by apply to the Probate Registry for a Grant themselves, and avoid speaking with a lawyer. Seeking professional advice at the outset is important when dealing with a Probate to resolve any potential issues, and assist in any complex arrangements within the Estate. We can assist you from the outset; whether it is providing you with advice and guidance, drafting the probate application and submitting it to the Probate Registry on your behalf, or assisting you through the whole administrative process.

If you would like any advice in administration of estates, please contact our Private client team on 01903 229999 or by email via info@bennett-griffin.co.uk.

Disclaimer: Please note that this update is not intended to be exhaustive or be a substitute for legal advice. The application of the law in this area will often depend upon the specific facts and you are advised to seek specific advice on any given scenario.