The government has decided to proceed with all of the proposals outlined in its consultation on changes to fees for grants of probate, which ran from February to April 2016. The proposals were:

  • moving from the current flat fee for applications for a grant of probate to a banded structure where the fees increase in line with the value of the estate, up to a maximum of £20,000
  • raising the threshold below which no fee is payable from £5,000 to £50,000
  • removing probate fees from the statutory help with fees remissions scheme.

The table below sets out the new fee structure for applications for grants of probate.

New probate fee structure
 Value of estate (before inheritance tax)  Proportion of all estates in England and Wales New fee
 Up to £50,000 or exempt from requiring a grant of probate  58%  £0
 Exceeds £50,000 but does not exceed £300,000  23%  £300
 Exceeds £300,000 but does not exceed £500,000   11%  £1,000
 Exceeds £500,000 but does not exceed £1m  6%  £4,000
 Exceeds £1m but does not exceed £1.6m  1%  £8,000
 Exceeds £1.6m but does not exceed £2m  0.3%  £12,000
 Above £2m  0.5%  £20,000

The government is bringing forward the necessary statutory instrument.

The Law Society responded to the consultation in April.