Law Society Communities

Our communities help you develop in your professional life and make the most out of your Law Society

Find out more

Private Client Section

Government under fire for failure to check probate 'stealth tax' costs

  • Print
  • Share
  • Save

Government officials have not carried out any assessments on the cost of administering probate for high value estates, despite plans to introduce increased charges on them, it has emerged. 

The Ministry of Justice (MoJ), in a written response to a question from Conservative MP Laurence Robertson, said it had not made any specific assessment on the costs to HM Courts and Tribunals Service of administering an application. Robertson had asked justice minister Lucy Frazer QC whether any assessments had been carried out on the cost of administering an application for probate for estates worth £5,000, £50,000 or £2m.

The MoJ wants to hike probate fees so that they are based on a sliding scale rather than the current flat fee.

At the moment, the fee for administering probate is a flat £215 for individuals and £155 for those applying through a solicitor. The charge is the same regardless of the size of the estate. The new proposals would introduce a maximum charge of £6,000 on estates valued at over £2m. A charge of £5,000 would be levied on estates valued between £1.6m and £2m. Estates valued at £50,000 or below will not face any charge.

  • Print
  • Share
  • Save

Benefits of Membership*

Private Client Section renewals

The Private Client Section will provide you with support, advice, networking opportunities and enable the sharing of best practice with peers.

The current Section Engagement programme has been created in consultation with the Section Advisory Committee and will focus on key issues including:

  • NRB Changes
  • LPA Changes
  • Digital Assets
  • Cross Border Tax
  • IPFDA Cases
  • Care Act
  • Elderly Client
  • HMRC Disputes
  • Inheritance Tax
  • Trusts
  • Estate Administration
  • Capital Gains Tax

These issues will be addressed through a range of activities including: workshops, seminars, conferences, webinars, website, e-newsletters, magazines and a LinkedIn group.

*See Section terms and conditions

Join today