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Proposed Probate Fee Rise

Reasons to choose Wilson Browne

The last few years have been rather frustrating in respect of obtaining a Grant of Probate through the Probate Registries to say the least.

A Grant of Probate is the court sealed document that allows the Personal Representatives (PR’s) to deal with the testator’s estate i.e. collect in the assets and deal with any liabilities.

The overwhelmed registries have been dealing with a backlog of probate applications in recent times due to various factors, and with the process for professionals to obtain a Grant of Probate currently taking between eight to twelve weeks on average, the news that the probate fees may also increase following a consultation period, may not be welcomed news.

The delay in obtaining the Grant of Probate has caused major problems in relation to administering an estate. For example, if the PR’s need to sell a property, they cannot complete this transaction until the Grant has been obtained and so the delay has been distressing for many people.

The new proposals mean that the fee for all probate applications would increase to £273.00 (compared to the current fees of £155.00 for professionals and £215.00 for individual applicants). The main reason for the proposed rise in fees according to HMCTS is due to the cost of processing the applications, and that they currently run at a loss.

Professionals now use the online system to apply for probate, however, due to technical problems on occasions, the new system has not always been user friendly and as efficient as it was supposed to be.

We will have to wait and see following the consultation period to find out if the rise in probate fees will increase the level of service that both professionals and individuals receive.

If you need any advice on probate, contact us

 

Kirsty Chettle

Posted:

Kirsty Chettle

Trainee Legal Executive

Kirsty is a member of the Private Client team based in our Higham Ferrers office and is currently working towards her CILEx exams. She assists the teams on a variety of matters including Wills, probate, trusts, inheritance tax, lasting powers of attorney and more.