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On 26 January 2022, probate application fees in England and Wales increased to GBP273 for both professional and personal applications, under an amendment to the Non-Contentious Probate Fees Order 2004 published in December 2021.
The fees prior to January 2022 were £155 for professional users and £215 for non-professional users.
The UK government's intention to equalise fees for all applicants was announced in July 2021, on the basis that all users should pay the same fee for the same service and the single fee should be set to cover the costs of delivery without generating a profit for HM Court Service.
Many professional organisations have queried why the UK government has decided to increase fees at this time, particularly as the probate service is still facing large delays.
In October 2021, HM Courts & Tribunals Service (HMCTS) reported it had received 14,834 digital probate applications and 5,502 paper applications. That same month, 20,128 grants of probate were issued, and the timeliness for all applications was 9.3 weeks.
There is a hope that the increase in fees will be invested into improving the service to ensure that the service is timely and to allow executors to settle loved one’s estates without further unnecessary delay.
The Ministry of Justice have said they acknowledge these concerns and that any increase in fees should be reflected in new and tangible improvements to the service.
To speak to a member of our Wills and Estate Administration team, please call 01689 887884