I think most of us can remember the proposed probate application fees of 2018 and the rush which took place to process applications for the grant of representations before the price hike was due to be introduced. The proposed fee structure, which was a fee scale of £0 to £6000 depending on the estate value, appeared to most practitioners to be a second tax on estates. At the last minute (and after the rush to process applications!) the fee scale was not implemented.
The new proposed fee of £273, which is to apply to all applications, whether submitted by professionals or non-professionals, appears to be a much fairer approach and also achieves the funding that is required by Court Service.
If the result of the consultation is successful, this new fee structure will be introduced in 2022.
The proposed charge of GBP273 is set at a level to cover the costs of delivering the service, ensuring that HM Courts and Tribunals Service (HMCTS) is adequately resourced and reducing the subsidy it needs to operate.