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Probate fees hike shelved ahead of election

21 April 2017

Last month, we reported on the government’s plans to introduce a sliding scale of probate fees from May onwards. The plans had outlined a system in which costs would increase in line with the estate’s value, in replacement of the current flat fee structure.

The Ministry of Justice has now confirmed that the plans will be shelved, due to a lack of time in which to implement the new fee system before the general election this June.

You can read more about the original plans in this article. These anticipated changes had been controversial and Willans was one of only a handful of Gloucestershire solicitors that objected to them during the consultation process.

The controversy had stemmed from the dramatic nature of the fee increases, which would have subjected executors to additional financial pressure, particularly those who were “asset rich but cash poor”. In some cases (for estates valued at more than £2 million) fees would have increased to as much as £20,000.

The current flat fee structure, which will now remain in place until further notice, sees applications for a grant of probate charged at either £155 (where a solicitor is instructed) or £215 (for a personal application).

Simon leads our wills, trusts and probate team. He deals with all aspects of private client work such as trusts (including personal injury trusts), wills, powers of attorney, Court of Protection and estate planning and administration. Simon is also a member of the Society of Trust & Estate Practitioners and the Law Society Private Client Section.

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Disclaimer: All legal information is correct at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation - contact us; we’d be delighted to help.
Simon Cook LLB (Hons), TEP
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