In January this year Ian Macfarlane wrote about the proposed and outrageous increase in probate fees. I am now pleased to see the government’s recent u-turn on a probate fee increase, which would have seen bereaved families paying up to £6,000 for grants of probate.
Under the government’s proposals, probate fees would have risen on a sliding scale of up to £6,000, depending on the size of the estate. Currently there is a fixed fee of £215 – or £155 with a solicitor. This would have been a massive and unwarranted "stealth tax".
President of the Law Society, Simon Davis, said: ‘A hike in probate fees would have been a tax on grief. We campaigned vigorously against the increase on behalf of bereaved families and are relieved the government has listened to reason.
‘It is inherently unfair to expect the bereaved to fund other parts of the courts and tribunal service when they have no other option but to apply for probate.
‘In its review of court fees government should bear in mind that it is a false economy to impose charges that go beyond cost recovery. Equal access to justice is a fundamental part of the rule of law.’
Probate fees were due to increase in April.
Ian Macfarlane
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