MSE News: Probate fees set to skyrocket from next month

briskly wrote: »

I've just found this impact assessment of the fee hike by the MoJ, which is quite an eye opener.

https://consult.justice.gov.uk/digital-communications/fee-proposals-for-grants-of-probate/results/probate-impact-assessment.pdf

It is clear from the first few paragraphs that probate fees are seen as a cash cow, with nothing else considered to fund the judicial system. Paras 49 to 53 show how cynical they are in the analysis of the general public! Para 48 is particularly nasty as it points out in black and white that there are no alternatives to an application for probate so the huge hike in income is assured for perpetuity. So much for Phil Hammond saying there wouldn't be any death taxes!

I do not read it that way. What it clearly is, is cross subsidation between court services. Larger fees for something that is easy and cheap to do, to go some way to paying for for a very expensive justice system that most of the people who go through it could not afford to pay for.

The previous scheme to raise court costs, would have forced many innocent people to plead guilty to avoided the possibility of being hit massive court charges. As one of the 6% (2% if I manage to outlive my wife) I have no real objection to being taxed a bit more when I'm dead, especially as this coincides with having up to £140,000 wiped off a potential IHT bill.

The increased fees here are largely as to increase fees for many court costs would deny access to justice and probate is easy to justify in that context.

The levels of these fees are a massive increase for many and whilst some increase can be reasonable, thousands per application is harsh.

Strangely the OPG has just reduced the registration fees for LPAs as they were making a profit against the costs of processing!

As an aside I presume mse don't bother reading these threads as their article is still wrong about the threshold for needing a Grant.