Increase in Probate Court fees - Government Response to Consultation

27 February 2017

Following a Government consultation which received 97.5% objections to proposals for an increase in Probate Court fees the Government has decided to proceed with its proposals anyway as follows:-

New Fee Structure

Value of estate (before inheritance tax) Proposed Fee
Up to £50,000 or exempt from requiring a grant of probate £0
Exceeds £50,000 but does not exceed £300,000 £300
Exceeds £300,000 but does not exceed £500,000 £1,000
Exceeds £500,000 but does not exceed £1m £4,000
Exceeds £1m but does not exceed £1.6m £8,000
Exceeds £1.6m but does not exceed £2m £12,000
Above £2m £20,000

The new fee structure will apply from 1 May 2017.

We can now expect the following:-

  1. A rush on the probate registries for grants to be issued in April before the new fees come into force and consequently a backlog of work and delay issuing the grant.
  2. Increased pressure on the Revenue to issue IHT421s so that the probate applications can be submitted before the end of April (NB there is already a delay receiving IHT421s from HMRC).
  3. Difficulties raising the necessary funds to settle Probate Court fees especially for estates which are property rich and cash poor.



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