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.
|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|
The government is bringing forward the necessary statutory instrument.
The Law Society responded to the consultation in April.