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Proposed new probate fees

Just reading the following:- http://www.bbc.co.uk/news/business-35612264

The dividing line at £500k is going to catch a lot of cash poor ,property rich estates - and as you can't pay the probate fees out of the deceased bank accounts until after probate is granted - how many "amateur" executors are going to have £4K in their bank accounts ??:eek:
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Comments

  • TonyMMM
    TonyMMM Posts: 3,433 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 19 February 2016 at 2:09PM
    I would expect there might be a similar arrangement develop as there is for funeral costs currently, where the bank releases funds from the deceased's accounts direct to pay for the probate application ?

    We shall have to wait and see.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Given the court does the similar amount of work for all estate that go to grant a scale of fees seems to be wrong.

    there is a bit more work if IHT400 are used

    the numbers are probably missleading(millions where do those numbers come from?).

    (number are about "ish" in the following
    each year 1/2 million die, 250k go to a grant although this number is increasing quite fast
    2012 <61k over £300k
    2013 <70k over £300k
  • Given the court does the similar amount of work for all estate that go to grant a scale of fees seems to be wrong.

    there is a bit more work if IHT400 are used

    the numbers are probably missleading(millions where do those numbers come from?).

    (number are about "ish" in the following
    each year 1/2 million die, 250k go to a grant although this number is increasing quite fast
    2012 <61k over £300k
    2013 <70k over £300k
    I would not object if the Probate Office did some proper scrutiny of executors included insurance against rogue or incompetent executors with a mandatory timescale for completing probate.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Should have added most of those don't pay tax due to nil rate bands tranferable nil rate bands and charity.
    <18k of the paid tax in 2013 of the 280k that went to probate
  • Rodders53
    Rodders53 Posts: 2,753 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    No probate required for <£50k is the only positive (if you can call it that).

    Do all read the consultation document in detail and then fill out the response form... online or in paper form... and make your views known. I have.

    Then write to your MP and complain about this back-door taxation increase proposal! I still have to do this bit.

    NB in the old days Probate fees were on a sliding scale... as mentioned in the "consultation" paper. So if it was such a good idea to simplify things years ago, why this backward step? :mad:
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Simple to avoid this. Don't die. It's a tax on dying.

    You're right, not many could magic £4k from thin air, especially if it were a youngish death and entirely unexpected.
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Die in a care home and now your costs are:
    £3-4k month's notice on room required
    £4-5k cremation/burial and what not
    £4k probate
    ====
    £11-13k!
  • Seems unfair to put the fees up. I hope I never have to go through the whole Probate thing again, it is bad enough having to do so without there being even more fees to pay out. The change in fees will probably force people to get legal representation to do Probate instead of doing it themselves, as the solicitors don't mind lending (at interest of course), knowing they will recoup a big payout.
  • Mumstheword
    Mumstheword Posts: 3,766 Forumite
    Part of the Furniture Name Dropper Combo Breaker
    The consultation period is until 1st April.
    Is there any mention anywhere of the proposed date to change the fees?
    *** Friends are angels who lift us to our feet when our wings have trouble remembering how to fly ***

    If I don't reply to you, I haven't looked back at the thread.....PM me :)
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    anon69 wrote: »
    Re. 'No probate required for <£50k is the only positive'.
    Even for small estates, banks / financial institutions have the right to demand a Grant of Representation before releasing assets, to protect themselves from any future claims. I found (as an executor), the only round this was to provide a personal indemnity to a bank. How many executors are prepared to do that?
    Lots! It really is an everyday occurrence.
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