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Probate fees set for a dramatic rise (19 February 2019)

Date: 19/02/2019
Duncan Lewis, Legal News Solicitors, Probate fees set for a dramatic rise

New probate fees that have been announced by the Government are to be referred to the Competition and Markets Authority (CMA) following claims from the independent financial advisory group LEBC that such dramatic increases would cause ‘hardship and distress’ to the bereaved, says Today’s Wills and Probate.

As of April of this year, the fees for applying for probate are expected to rise exponentially for estates in excess of £50,000. There is a current flat fee when applying through a solicitor of £155; however this is set to rise with estates in excess of £2 million projected to pay as much as £6000. Since the Government describes these increases as fees as opposed to a tax, it avoids facing parliamentary scrutiny.

This will undoubtedly leave many bereaved families with significant hardship since they will now find themselves in the position of having to find up to £6,000 for the probate application fee.

Director of wills and probate at Duncan Lewis, Caroline Roche points out;

“The application process for the court is the same whether the estate is below £50,000 or above £2 million, so quite how this fee is justified is anyone’s guess. Quite simply this is a stealth tax by another name.”

The Government’s reasoning is that the increase in fees will be utilised to improve the court systems but given that most estates will already be subject to inheritance tax, the general opinion among charities, The House of Lords and the Law Society is that it is wholly unfair to also levy further significant fees against those same estates.

“I was pleased to see that the Competition Authority is set to review the increase in probate fees which the Law Society has described as ‘a misuse of the Lord Chancellor’s fee-levying powers’.” Caroline adds.

“Essentially we will find ourselves in a situation where people will not apply for probate since they are unable to afford the fee and unwilling to take out a loan in this regard therefore leaving countless estates un-administered. Further we will see increasing numbers of people giving away assets in their lifetime to avoid the need for their Executors to apply for probate thus leaving them vulnerable in their lifetimes.

“Unfortunately given the way the Government has introduced this fee through the back door, it appears very likely that the fees will commence in April 2019 therefore, we would advise anyone who is currently dealing with a loved one’s estate to act as expeditiously as possible in order to submit the probate application prior to April when the fees are set to increase.”


Caroline Roche is a solicitor and director in the wills and probate department at Duncan Lewis. Her specialist experience includes, drafting complex wills; advising on inheritance tax due from an estate; gathering the estate when a loved-one has passed; dealing with both taxable and non-taxable estates, handling the affairs when a loved-one has died without a will.

Contact Caroline on 020 3114 1104 or caroliner@duncanlewis.com.

Duncan Lewis Wills & Probate Department

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