On Thursday 14th February the Delegated Legislation Committee will meet to consider the proposed probate charges. The proposals see the current fixed probate charge (£155) move to a sliding scale which is based upon the value of the estate (up to £6,000).
If the proposals are approved by the committee (including MPs such as justice minister Lucy Frazer QC and shadow minister Gloria De Piero) the legislation will go before the House of Commons. Provided there are no objections in the Commons, the proposals will come into force in April.
The proposals have been criticised by both the Law Society and the House of Lords. Critics maintain that the fee increases are disproportionate and a stealth tax on the wealthy.
In 2017, the government put forward similar proposals (with a maximum charge of £20,000) which were shelved at the 11th hour due to the general election. However, before the plans were officially shelved, there was a general feeling of urgency to submit applications before the switchover to avoid the additional cost.
We anticipate that once again, there will be a rush of activity at the Probate Registries in late March for those wishing to apply under the current fee regime.