Archive for March, 2017

The Ministry of Justice have confirmed there will be a huge increase in the fees payable to obtain a Grant of Probate or a Grant of Letters of Administration, subject to parliamentary approval.

Currently the fee is a flat rate of £215 for personal applications and £155 for solicitor made applications. Any additional sealed copies of the Grant are now 50p but the first additional copy is set to be £10 and 50p for all copies thereafter.

The fees hike has met with much resistance. Out of 831 respondents to the MoJ’s consultation on the charges, less than 2% were in favour.

The Law Society has said: ‘It is unfair and discriminatory to expect the bereaved to fund/subsidise other parts of the court and tribunals service. Court fees are a necessary source of funding but should not be charged over and above the cost of the specific service.’

The proposed new fees will be:

Value of estate                 Proposed fee

Up to £50,000                   £0

Between £50k-£300k       £300

Between £300k-£500k     £1,000

Between £500k-£1m         £4,000

Between £1m-£1.6m       £8,000

Between £1.6m-£2m       £12,000

More than £2m               £20,000

These fees will have to be paid before the personal representative can access the funds in the estate to pay them. Many executors will have to rely on banks paying them directly to the Probate Registry from the deceased’s account (if they agree to do this), in a similar way of the current Direct Payment Scheme for inheritance tax. However some estates which may only have a property – that can’t be sold until probate has been granted – the executor will be forced to pay the fee themselves or take out a loan for the payment.

Charities have also expressed their concern that their heavily relied upon income from legacies could be severely reduced.

If you are in the process of dealing with an estate or you have become an executor and you need some advice you can contact WE SOLICITORS LLP for a free initial consultation.

Or you can email jo-ann.mason@wesolicitors to request a copy of our free Report:

7 Things a Newly Appointed Executor Should Know Before
Getting Probate & Administering an Estate



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