The Hike In Probate Fees
From the 26th January 2022, probate application fees will increase. Timms Wills & Probate Solicitor, Matt Kelly explains….
On 26th January 2022 probate application fees in England and Wales will increase from the current fees to £273.00 for all applications.
What Are The Current Probate Application Fees?
Under the current system the fee is £155.00 for applications made by probate professionals (such as solicitors), and £215.00 for applications made without the involvement of professionals – “personal applications”.
The fees are payable to the HM Courts and Tribunals (HMCTS) probate service. They are responsible for dealing with grant applications for estates where there is a Will (issuing a Grant of Probate). As well as estates where the deceased died without leaving a Will (issuing a Grant of Letters of Administration).
Things To Remember When Applying For A Grant Of Representation
With a flat fee soon to apply for all applications some clients may well be increasingly tempted to apply for the grant of representation without assistance from probate professionals. Whilst some applications might appear to be very straight forward there are hidden traps in determining the correct value of the estate that can be very difficult to navigate without legal advice.
Parties applying for a grant of representation should always remember that the probate application constitutes an application to the High Court of Justice England & Wales. As such proceedings for contempt of court can be brought against applicants if the court considers dishonesty has occurred. Although such court action doesn’t occur if applicants have made honest mistakes, it can still be a costly exercise rectifying errors made in the initial application to ensure the estate is correctly valued and distributed.
If you are appointed as an Executor of an estate and believe you would benefit from some initial advice please do not hesitate to contact me on 01283 561531 or via email at m.kelly@timms-law.com. Alternatively, you can visit the Wills and Probate section of our website here.
January 2022