Probate Fee increase – breaking news – has the Lord Chancellor exceeded her power?

The controversial probate registry fee increase may have hit a delay – the MOJ is insistent that “90% [of estates] pay less than £1,000” As 100% of estates currently pay less than £200, with the lowest fee being £155, this is not the positive statement that it would otherwise be.

Has the Lord Chancellor exceeded her power to set court fees by putting in place instead a stealth tax without subjecting it to parliamentary debate? If a fee exceeds the cost of the administrative function, is the excess amount considered a tax? How fair is it to compare probate fees (which are required for estate administration) with litigation costs (where parties choose to involve the courts and they might mediate)?

https://www.lawgazette.co.uk/law/lord-chancellor-overstepping-powers-with-probate-fee-rise-/5060567.article
also
https://www.publications.parliament.uk/pa/jt201617/jtselect/jtstatin/152/15203.htm#idTextAnchor003

To sign the petition asking the government to reconsider the probate fee increase, go here: https://petition.parliament.uk/petitions/188175

Or if you are wish to complain about the increase in probate fees, you can contact the Ministry of Justice direct on probatefeespolicy@justicegsi.gov.uk

For more information on the Probate Fee increase, please Contact Vicky Burdett at vicky.burdett@colemans.huntersserver.co.uk or on 01628 631051.

Categorised in: Wills, Probate and Trusts

This post was written by Colemans Solicitors LLP