Probate Fees and Delays Hit Grieving Families
Grieving families are being hit by a double-whammy of “death tax” delays and a major fee hike. The cost for applying for probate will rise by 10% from £273 to a flat rate of £300 in days. This hike comes as new analysis reveals that the number of probate cases taking over a year to be granted has increased by 65% over the last three years. Additionally, the number of cases taking over nine months has risen by 94%.
The fee increase will come into effect from May 1st, adding to the burden of executors who are often close kin or friends of the deceased. The extended wait times can intensify the emotional toll on grieving families. Despite an increase in digital submissions, HMRC is struggling to keep up with the workload, resulting in longer wait times.
Probate is the legal process of dealing with a deceased person’s assets. After someone dies, their assets are usually frozen until legal authority is granted to the executor. The grant of probate provides this authority, allowing executors to carry out the wishes outlined in the will. The fee is only payable if the person’s assets are worth £5,000 or more.
A Ministry of Justice spokesperson stated that the modest fee increase will help fund additional staff and address the record number of applications processed in recent months. However, the fee remains payable only for estates with a value above £5,000 and is recoverable from the estate once probate is granted.
To apply for probate, visit the HMCTS website or contact HMCTS via email or phone. You’ll need to provide information about the deceased person’s assets and liabilities. If you have a low income or receive certain benefits, you may be eligible for help with probate fees. Those facing undue hardship may also apply for a fee waiver.
Estate planning can help minimize the impact of probate on grieving families. Consider utilizing trusts during a person’s lifetime and moving assets out of the estate to avoid the probate process. Lifetime gifts made seven years prior to death may also reduce Inheritance Tax liability.
