As you may have heard in the news recently, the Ministry of Justice have proposed changes to the fees payable for an application for a Grant of Representation. The proposed fee regime is as follows:-
• moving from the current flat fee of £155 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
Although the proposal still needs to be agreed by the Government, we are potentially looking at a massive court fee hike for most applications for a Grant made after 1st May. If, as we expect, it does receive parliamentary approval then the new fees will be as follows:-
Table 1: New fee structure Value of estate (before inheritance tax) Proposed Fee Up to £50,000 or exempt from requiring a grant of probate £0 Exceeds £50,000 but does not exceed £300,000 £300 Exceeds £300,000 but does not exceed £500,000 £1,000 Exceeds £500,000 but does not exceed £1m £4,000 Exceeds £1m but does not exceed £1.6m £8,000 Exceeds £1.6m but does not exceed £2m £12,000 Above £2m £20,000
Our Peachaven Office are supporting the Martlets Will Writing Fortnight from the 8th - 19th May 2017. Bookings from 10th April - 5th May. This enables you to get your Will written by a professional Will writer in return for a minimum donation to the Martlets. Spaces are limited.
The Supreme Court has ruled in favour of animal charities in ‘reasonable provision’ Wills dispute. In a ruling that should clarify the Inheritance Act 1975, the Supreme Court has overturned a Court of Appeal decision backing a woman who had been excluded from her mother’s will in favour of three animal charities. The judgment means that adult children are less likely to be able to make a successful claim against parents' estates if they are disinherited.
QualitySolicitors Barwells Partner and Solicitor, Stephen Ash comments ‘this has been a long running case that has unsettled many people as the case seemed to be going against the general principal that what someone wants to do with their estate in their will should not be altered by the court after death. We now have more clarity and peace of mind for testator’s who want to make a will. However, the case highlights the need to have a professionally drafted will and take advice on your personal circumstances from an appropriately qualified Solicitor.'
