Probate Fees set to rise


8 February 2019

By Lisa Carter

Probate Fees set to rise after being approved by House of Commons committee

With a vote of nine to eight it would seem the UK government's plan to introduce the new banded probate fees is becoming a reality.

Yesterday, the House of Commons Delegate Legislation Committee voted in favour of the new proposed probate fees. The Non-Contentious Probate (Fees) Order 2018 will now be presented to the House of Commons where it is believed that it will be approved. The proposed changes are set to be introduced in April 2019; this has been confirmed by Lucy Frazer MP.

Numerous professional bodies will see this as a very disappointing outcome. There are serious concerns surrounding the legality of the proposed probate fees as it looks very much like a tax and therefore cannot be introduced by way of Statutory Instrument and should be subject to full parliamentary scrutiny.  

The House of Commons have not yet set a date for the final vote but we will provide further updates as and when we can. 

If you have concerns about how this will affect an estate you are involved with or you just wish to understand what the changes mean, please telephone 01245 493 939 and ask to speak to a member of our Private Client team.