Dramatic Increase in the cost of obtaining a Grant of Probate
With the Non-Contentious Probate (Fees) Order 2018 passing through the House of Commons Delegated Legislation Committee in February, the cost to obtain a Grant of Probate is due to change dramatically.
Previously, the cost to obtain a Grant of Probate, when instructing a Solicitor, in all estates worth more than £5,000 was £155.
The new Statutory Instrument looks to bring in a scale of fees which is dependant on the value of the estate. The proposed scale is as follows:
Value of Estate (before Inheritance Tax)
Up to £50,000 or exempt from requiring a Grant of Probate
£50,000 but does not exceed £300,000
Exceeds £300,000 but does not exceed £500,000
Exceeds £500,000 but does not exceed £1m
Exceeds £1m but does not exceed £1.6m
Exceeds £1.6m but does not exceed £2m
The aim being to fund a more “efficient and effective service“ within the whole Courts and Tribunals service.
It was set that the new system will be in force from April 2019 but this has subsequently been delayed. There is also some speculation that the Labour Party are wanting to instigate a House of Commons vote on the reforms rather than allowing the Statutory Instrument to pass unchallenged, as per the normal process.
We will continue to monitor this and update you when a decision has been made, perhaps after Brexit negotiations!