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The Ministry of Justice has confirmed that the proposed overhaul to probate fees has been scrapped.

Dubbed as the “Death Tax” by many, the proposal would see an increase to probate fees from the flat rate of £215 (£155 when applying through a solicitor) to a maximum of £6000 depending on the value of the estate. The maximum charge would constitute a cost rise of over 3000%.

Although the proposals were earmarked to create a fairer pay structure for the court system, they were met with widespread condemnation from a large portion of the public and legal community calling them unfair and even illegal.

The MoJ had been forecast to receive an extra £185m per year due to the changes but has now resolved to review probate charges annually to see if any incremental adjustments are needed.

If you have any questions about probate please get in touch with Ellen Lambert, Partner and Head of the Private Client team. The team has extensive knowledge of the law in this area and will be happy to guide you through the best options for your particular situation.

To start a conversation about how we can help you to get the outcome you want

Call us on +44 (0)345 521 4545 or send an email.