Consultation outcome

Fee proposals for grants of probate

This consultation has concluded

Download the full outcome

Consultation response

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email web.comments@justice.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Consultation response (Print version)

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email web.comments@justice.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Consultation response (Welsh version)

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email web.comments@justice.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Consultation response (Welsh print version)

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email web.comments@justice.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Impact assessment

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email web.comments@justice.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Equalities statement

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email web.comments@justice.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Detail of outcome

The consultation proposed:

  • moving from the current flat fee for applications for a grant of probate to a banded structure where the fees increase in line with the value of the estate, up to a maximum of £20,000
  • raising the threshold below which no fee is payable from £5,000 to £50,000
  • removing probate fees from the statutory help with fees remissions scheme

Following the consultation, the government has decided to proceed with all the proposals as set out in the consultation; a summary of the responses and details of the reasons for that decision are set out in the consultation response, published here alongside an assessment of the impacts of these proposals and an updated equalities statement.

The government received a total of 853 responses, including from;

  • senior judiciary
  • legal practitioners and their representative groups
  • charities
  • members of the public

All of which were carefully considered before reaching a conclusion. A list of all the organisations who responded is listed at Annex A of the consultation response.

Original consultation

Summary

Sets out proposals for reforming the fee payable for an application for a grant of probate.

This consultation was held on another website.

This consultation ran from
to

Consultation description

This consultation sets out the government’s proposals for reforming the fee payable for an application for a grant of probate. The proposed fee regime will move from a flat to a banded fee approach, proportionate to, and rising with, the value of the estate, and at the same time will increase the value of the estate below which no fee is payable from £5,000 to £50,000, lifting some 30,000 estates out of paying any fee. The proposals are intended to be fair and progressive. The government is also considering whether grant of probate applications should be excluded from the fee remissions scheme and are seeking views on this issue.

Courts and tribunals fulfil a vital role in an effective and functioning democracy. They provide access to justice for those who need it, upholding the principle of the rule of law that underpins our society, and indeed our economy. That is why we must make sure that the courts and tribunals are properly funded. This government announced in the Autumn Statement that it would be making an historic investment of £700 million to reform Her Majesty’s Courts & Tribunals Service over the next 5 years. This crucial investment will allow us to modernise and improve the service we provide to the public.

Court fees are never popular but they are necessary if we are, as a nation, to live within our means. These proposals would raise around an additional £250 million a year, which is a critical contribution to cutting the deficit and reducing the burden on the taxpayer of running the courts and tribunals.

Published 18 February 2016
Last updated 17 March 2017 + show all updates
  1. Welsh version of consultation response published.
  2. Consultation response published.
  3. First published.