The Ministry of Justice (MoJ) have confirmed that new probate fees expected to come into force on 1 April 2019 have been delayed due to Brexit talks.

The  proposed probate fees were set to rise from a flat fee of £215, or £155 for solicitor applications, to the following based on the size of the Estate:

Value of Estate New Probate Fee
Less than £50,000 £0
£50,000 – £300,000 £250
£300,000 – £500,000 £750
£500,000 – £1m £2,500
£1m – £1.6m £4,000
£1.6m – £2m £5,000
Above £2m £6,000

In order for the fees to come into force, a statutory instrument needs to be laid before Parliament. If there are no objections, the instrument will pass. However, if there are any objections lodged, the House of Commons will have the chance to vote on the proposals.

If the fee increase proposal is passed, there will be a 21-day period before it comes into force, giving those concerned notice. As yet, there is no set date for the fee increase, but the MoJ have stated that it will come into force as soon as possible.

If you have any queries, please contact our Private Client Department

Florence Clissit

3rd April 2019