Louise Garrett examines the news that the Ministry of Justice is seeking to increase probate fees in Lawyer Monthly

Louise’s article was published in Lawyer Monthly, 11 August 2021, and can be seen here.

Louise Garrett, Associate in our Private Client department, reports that the Ministry of Justice (MoJ) has launched a new consultation proposing a flat probate application fee of £273 for both professional and individual applicants.

This move aims to eliminate the current disparity in fees, £215 for individuals and £155 for professionals, by aligning with HM Treasury’s guidance that identical services should not incur different charges. Estates under £5,000 will remain exempt.

The proposal follows backlash against the 2019 plan to scale fees based on estate value, which could have seen charges rise to £6,000. The current consultation, open until 23 September 2021, is expected to be more palatable, especially as digital services now streamline the application process for all users.

Despite the proposed simplification, criticism remains. The Law Society and some Conservative MPs argue that increasing fees is inappropriate while the probate service continues to suffer from significant delays.

The pressure is now on Her Majesty’s Courts and Tribunals Service (HMCTS) to demonstrate tangible improvements if the new fee structure is implemented in early 2022. Practitioners should note that all applications with a will must now be submitted online, and improvements to the MyHMCTS platform are ongoing.

Applicants must also ensure timely submission of Inheritance Tax documentation and follow updated guidance to avoid delays, including the removal of the requirement to submit death certificates for pre-deceased executors.

Read the full article on the Lawyer Monthly website [external link].