Louise Garrett discusses the proposed increase in probate fees in WealthBriefing

Louise’s article was published in WealthBriefing, 17 September 2021, and can be seen here.

Louise Garrett, Associate in our Private Client department, reflects on the Ministry of Justice’s recent consultation proposing a unified probate fee of £273 for both professional and individual applicants.

The move, intended to simplify the process and generate additional income for Her Majesty’s Courts and Tribunals Service (HMCTS), has sparked debate. Critics argue that the probate service has suffered from significant delays, and any fee increase must be matched by demonstrable improvements in efficiency.

The Ministry estimates the new structure could raise £56 million in 2021/22 and £325 million annually thereafter, funds deemed essential for maintaining an effective court system.

The consultation also highlights a broader push towards digitalisation and interdepartmental collaboration, particularly between HMCTS and HMRC, to streamline probate and inheritance tax processes. While the flat fee aligns with Treasury guidance on fair pricing, it raises expectations for equal service quality across all applicants.

The pandemic’s impact on service delivery is acknowledged, but with increased funding and transparency, there is cautious optimism that the probate system will evolve into a more accessible and efficient service. However, scrutiny will remain on whether the changes reduce taxpayer subsidies without turning probate into a profit-making venture.

Read the full article on the WealthBriefing website [external link].