GN Law - Our People News and TV

Proposed Probate Fee Hike Update

Our People - GN
Sarena Spicer
14 February, 2019

Following my previous article dated 2 January 2019 regarding probate fees increasing, there have been further developments.

The Government has decided to proceed with its proposed increase in probate fees and has crafted this into draft legislation. The proposed fee changes are set out in the link below:

Size of estate (before inheritance tax) Proposed fees
Up to £50,000£0
£50,001 – £300,000£250
£300,001 – £500,000£750
£500,001 – £1,000,000£2,500
£1,000,001 – £1,600,000£4,000
£1,600,001 – £2,000,000£5,000
£2,000,000 +£6,000

This fee increase was approved by the delegated legislation committee of MPs by a vote of nine to eight on 7 February 2019.

The Government appears to be able to pass this legislation through Parliament without full parliamentary scrutiny (in the form of a Commons debate) because it was classified as a fee instead of a tax.

The Law Society and the Society for Trust and Estate practitioners, alongside other professional bodies have voiced their opposition to this change and are appealing to MPs in the House of Commons to vote this down when it goes before them for approval.

You can write to your local MP voicing your opinions on the fee hike. The following link is provided by The Law Society and will send an automated letter to your local MP. You can input your details to locate your MP and the website will generate a pre-drafted letter setting out objection to the probate fees increase. Clicking the link and sending the letter does not take long and it may cause MPs to formally object.

This fee fight rages on and there shall be more updates to follow.

More information on probate fees can be found on the Government website.

Related Articles

When someone passes away, their loved ones are often left with numerous emotional and legal responsibilities. Two terms that frequently arise during this process are ‘power of attorney’ and ‘probate’. But how do they differ?
Our People - Andrew Guile
If a person lacks testamentary capacity, the Court of Protection can order a will, known as a statutory will, to be created on their behalf.
Our People - Samuel Cole
Executors can act together or alone, but an executor cannot go against the terms of the will, breach their fiduciary duty, fail to act, self-deal, embezzle or harm the estate through neglect.
Our People - Andrew Guile
Receiving an inheritance can be the end of a complex process, and unfortunately, some beneficiaries find themselves in a situation where they haven't received the money they were left in a will.
Our People - Andrew Guile
The primary duty of an executor is to carry out the wishes of the deceased, include locating the original will, sorting out finances and applying for probate.
Our People - Andrew Guile
Most people appoint one or two executors and it’s wise to provide in your will for replacement executors in case one or more of the executors die before you or are unable or unwilling to act as executor after you die.
Our People - Andrew Guile

Send a message

We will only use the information you enter in this form to contact you about your enquiry and will not share it with anyone else. Please read our Privacy Notice.

Please note that we are not accepting any new housing work at this time.