Probate Court Fees Rise

Under new laws announced by the Government, yet again a further tax on death are to be introduced through the back door by court fees.

Fatal accident claims solicitors are only too well aware that this Government has reduced access to justice to many or have made injured victims pay their solicitors in the event of a successful fatal injury claim.

Now with this new fee that bereaved families will have to pay to complete the legal work to transfer or sell property or to gain access to bank accounts or shares of the deceased etc  there will be a sliding scale of fees.

Currently the probate fee bereaved families will have to pay is £215 or £155 if going through a fatal accident claim solicitor.  When the new change in the law comes into force, a scale of court fees will be introduced:

• Estates worth £1.6 million £2 million will be charged £12,000
• Estates worth excess of £2 million will have to pay £20,000.
• Estates £50,000 to £300,000 will be charged £300.

Fatal accident claims will not be exempt but there will be an argument that such fees will be recoverable from the other side.  However there is case law that probate fees are not recoverable so it is something that could be difficult to swallow should the increase in such fees be paid for by the bereaved families.

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