Fee proposals for grants of probate

This consultation sets out the government’s proposals for reforming the fee payable for an application for a grant of probate. The proposed fee regime will move from a flat to a banded fee approach, proportionate to, and rising with, the value of the estate, and at the same time will increase the value of the estate below which no fee is payable from £5,000 to £50,000, lifting some 30,000 estates out of paying any fee. The proposals are intended to be fair and progressive. The government is also considering whether grant of probate applications should be excluded from the fee remissions scheme and are seeking views on this issue.

Courts and tribunals fulfil a vital role in an effective and functioning democracy. They provide access to justice for those who need it, upholding the principle of the rule of law that underpins our society, and indeed our economy. That is why we must make sure that the courts and tribunals are properly funded. This government announced in the Autumn Statement that it would be making an historic investment of £700 million to reform Her Majesty’s Courts & Tribunals Service over the next 5 years. This crucial investment will allow us to modernise and improve the service we provide to the public.

Court fees are never popular but they are necessary if we are, as a nation, to live within our means. These proposals would raise around an additional £250 million a year, which is a critical contribution to cutting the deficit and reducing the burden on the taxpayer of running the courts and tribunals.