The change, introduced by the Ministry of Justice, represents a 75% increase in the cost of obtaining probate. While the Government says the higher fee reflects inflation and investment in a modern service, legal professionals have questioned the timing of the increase as concerns persist over delays within the probate system.
For many families, probate is an essential legal step before assets can be distributed and outstanding debts or taxes settled. The latest increase follows an earlier rise in May 2024, when the application fee went up from £273 to £300. According to the Ministry of Justice, the revised fee structure is intended to strengthen cost recovery while supporting the delivery of an efficient and modern probate service.
Probate Costs Increase While Some Document Charges Fall
Probate is the legal process used to administer the estate of someone who has died. It confirms the authority of the executor named in a valid will, or, where no will exists, allows the closest surviving relative to manage the estate. An application is generally required when the estate is worth more than £5,000. Estates below that threshold are not subject to the probate application fee.
According to HM Courts & Tribunals Service (HMTCS), Applications must be submitted either online or by post. Executors should apply where a valid will exists, while the deceased’s closest surviving relative will usually apply if there is no will.
Although the main application fee has risen sharply, one associated cost has been reduced. The fee for requesting copies of probate documents within a probate application has fallen from £16 to £2, with the Ministry of Justice stating that the reduction better reflects the actual cost of providing that service. People on low incomes or receiving certain benefits may also qualify for financial assistance with probate fees and other court costs through the existing Help with Fees scheme.
Legal Professionals Question Fee Increase amid Continuing Delays
The latest increase has prompted criticism from solicitors specialising in wills and probate, who argue that the higher charges come as service standards remain under pressure.
According to the Law Gazette, solicitor Ian Bond said many probate practitioners would be unhappy with the new fees. He said the increase coincides with a growing probate service backlog and declining performance in more complex cases.
Heather Parker, head of private client at Nottingham-based Actons Solicitors, also questioned the justification for the higher charges. She said probate fees have more than doubled in recent years despite promises of better systems, greater efficiency and an improved user experience.
Parker added that families are still waiting months for applications to be processed during what is already a difficult period following a bereavement. She said it is difficult to justify the higher costs when there has been no discernible improvement in the service provided.
The fee increase also comes before separate changes to inheritance tax rules affecting pensions. According to the reports, from next year unused pension savings passed to beneficiaries will no longer remain exempt from inheritance tax under the current arrangements, following a rule change intended to prevent pensions from being used to avoid inheritance tax.
