Probate court fees to rise in May

by | Apr 22, 2024 | Blog Posts

probate court fee

Following a consultation last year, the Government is increasing the probate court fee by 10%.

Probate court fees

A court fee is usually payable when applying for probate. There is no fee if the estate is valued at £5,000 or less. If it is over £5,000, the application fee is currently £273.

The Court fee will increase in May to £300. This is a 10% increase in the fee.

Industry objections

Various people in the industry objected to the court fee rise due to the poor levels of service in probate applications.

Andrew Milburn, Head of our Wills, Probate and Estate Planning team, said:

“Delays have been huge, although they have improved slightly over the last few months. Some applications are now being turned around in about 6 weeks. However, predicting timescales is extremely difficult, which makes life very difficult for executors.”

The Ministry of Justice responded to the objections by saying: “’The probate fee has been set with the intention to recover the cost to HMCTS of providing its services from those users who are able to afford a fee”. It further promised that it will use the additional income raised from the fee increase for the ‘continued improvement of service delivery’.

Court of protection fees

There will be no change to the Court of Protection hearing fees.

However, there will be an increase to the court fees for matters relating to the Mental Capacity Act 2005. Including the application fee and the appeal fee.

The application fee will increase by 10% to £408, and the appeal fee increases to £257.

If you have any queries about the fees or costs involved in probate, please contact our team on 0800 988 7756. Or fill in our contact form and we will get back to you.

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