The Law Society has responded to the Ministry of Justice’s consultation on proposals to reform fees for grants of probate.

The proposals would see fees based on the value of the estate with the top end increasing to £20,000 for estates valued over £2 million.

In our response, we outline our concerns that the top end of the proposed fee structure becomes excessively inflated and amounts to a significant tax imposition. We suggest there should be tapering of any increases and they should rise with the value of the estate in smaller increments. We also suggest that if probate fees are to be calculated based on the value of the estate, they should be based on the value after inheritance tax has been paid.

Our response highlights that fees obtained by the probate service are designed to cover the cost of running and improving the probate service and should not be siphoned off to fund other areas of the court system.

You can access our response by clicking on the link to the PDF file above.