Skip to main content

News story

March 4, 2019

The Highly Contentious ‘Non-Contentious Probate (Fees) Order 2018’

While it may appear that Brexit is the only topic of conversation in government today, at the beginning of February Parliament met to discuss The Non-Contentious Probate (Fees) Order 2018, which unlike its name has been highly contentious since its inception.

Unfortunately, the order, which comes into force in April 2019, is no April Fool and sets out a new sliding scale structure for probate fees.

Since 2014, there has been a flat fee of £215 when applying for probate in person or £155 when applying via a solicitor. From April, the fee will depend on the estate’s net value, i.e. the value of the estate less any debts due at the date of death.

Value of EstateNew FeeDifference*
£50,000 and below£0
£50,000 to £300,000£250£35
£300,000 to £500,000£750£535
£500,000 to £1m£2,500£2,285
£1m to £1.6m£4,000£3,785
£1.6m to £2m£5,000£4,785
Above £2m£6,000£5,785

 

* difference between the new fee and the personal application fee of £215.

 While the order may come as good news for estates valued at less than £50,000, many estates will see a substantial increase in probate fees.

The contentious issue

The order has been criticised for several reasons, mainly because it increases the probate fee in line with the estate’s value. This increase has been described as an “enhanced fee” by Justice Minister Lucy Frazer. However, it is essentially just another tax. The fee is payable in addition to Inheritance Tax, which currently stands at 40%. It has therefore been labelled a “stealth tax” and even a “death tax”.

It has been argued that the fees must be increased to fund the additional work the court must undertake when issuing a Grant of Probate for larger estates. This is not strictly true, as a high-value estate may not necessarily have more assets than a lower-value estate. Some MPs have even agreed that the Probate Registry doesn’t necessarily do more work when issuing a Grant of Probate for larger estates.

Is there anything positive about the order?

The original proposal was to increase probate fees so that larger estates would face fees of up to £20,000. This caused a furious outcry from many interested parties, and the proposal was then scrapped in light of the impending general election on 8 June 2017. These estates will now pay £6,000, a saving of £14,000 compared to the earlier proposal.

Who pays and when?

This fee is payable when making an application for a Grant of Probate. This means it is payable before many of the deceased’s accounts or investments have been realised. The query then arises as to who will pay the fee. The bereaving family? Allegedly some Ministers have brushed off the fee increase and suggested that the family can apply for a loan to pay the “enhanced fee”.

From April 2019, careful consideration is needed when planning the distribution of your estate to ensure that your beneficiaries aren’t left with an upfront cost of up to £6,000.

For further advice and information, contact James McMullan today.

Notes:

(1) This is not legal advice; it is intended to provide information of general interest about current legal issues.

(2) This article was published on 4 March 2019 and amended on 26 March 2019 to reflect the current political delay to the Non-Contentious Probate (Fees) Order 2018 becoming statute.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Strategic lifetime gifting
    How to minimise your IHT liability during your lifetime.


    Read more
  • Navigating directors’ duties
    Legal responsibilities and risks for UK company directors


    Read more
  • Preparing a business-lasting power of attorney
    In this article, private client solicitor Herman Cheung of West End law firm RIAA Barker Gillette (UK) considers the advantages, needs and practical examples of creating a bu


    Read more
  • Can you make a WhatsApp will?
    Key legal requirements and future outlook.


    Read more
  • Supporting neurodiverse people in family law matters
    Understanding neurodiversity in the legal context.


    Read more

What they say...

  • Michael, May 2025
    “Very pleased with the services provided by Charlotte Barbaroussis. Particularly found her quick and effective to reply to any queries.”

  • Malcolm & Sheila Blackmore, May 2025
    “My wife and I engaged RIAA Barker Gillette to prepare our wills and LPOA’s. James McMullan and Charlotte Barbaroussis were the epitome of professionalism – responding quickly, talking us through the legalese, clearly answering any

  • Ian, April 2025
    “Martin and his team at Barker Gillette acted for us in our purchase and sale of property. The chain was lengthy and elements of the work became complex. Martin was tenacious and resolved to answer our queries as they arose. He handled all aspe

  • Henry, April 2025
    “We have purchased flats before with 2 different solicitors who were unable to help us this time. Martin came highly recommended and are we glad. He was very professional in every way: knowledgeable, approachable, he has a friendly manner, very

  • Megan Purcell-Jones, April 2025
    “Charlotte was extremely diligent and thorough. She talked us through the process of making our wills and listened to and understood our needs and the complexities involved. Extremely patient and very clear.”

Read more
Send this to a friend