18/04/2017
Judith Bromley
Plans to introduce a new fee structure for probate applications have suffered a setback after a parliamentary panel of experts claimed they are unlawful.
Applications for granting probate are currently held at £215 on estates valued over £5,000, but lord chancellor, Liz Truss recently announced a new model that could see executors, and ultimately beneficiaries, being charged up to £20,000 from the beginning of May. For more details about this, see our news article from 21st March 2017.
The findings of the report adds further pressure on Liz Truss to review the charges following overwhelming opposition from respondents of the initial consultation carried out by the Ministry of Justice. An online petition against the charges has already reached 300,000 signatures. The report also calls for the fees to “have the attention of both houses”, raising the possibility of them being delayed if not scrapped altogether.
The MoJ believes the new fee structure will raise £300m towards the cost of running the courts and tribunals service. The parliamentary joint committee on statutory instruments, however, questioned whether “the lord chancellor may use the power to prescribe non-contentious probate fees for the purpose of funding services (the courts) which executors do not seek to use”.
Judith Bromley, head of wills and probate at Russell and Russell and a member of Solicitors for the Elderly, said: “We’re delighted to see the Select Committee has confirmed what was clear from the offset – the Government’s probate fee hikes are nothing more than a backdoor tax and the MOJ has acted beyond its powers in enforcing these changes.
“Our hope now is that the Government re-evaluates these fees, and at the very least, finds a fairer way of structuring them”.
Please note that this article is meant as general guidance and not intended as legal or professional advice. Updates to the law may have changed since this article was published.