PROBATE FEE INCREASE

The increase in the fee for applying for probate (where there is a will) or letters of administration (where there is no will) which I predicted at https://www.breakinglaw.co.uk/search/label/probate is to take effect on 26 January 2022 (see The Non-Contentious Probate Fees (Amendment) Order 2021 SI 2021/1451). 

The new fee will be £273 whether you are applying in person or through a professional such as a solicitor. Get the application in before 26 January 2022 and money will be saved.

SMALL PRINT WIN, REPOSSESSIONS AND LATEST IN THE LAW: VIEW FREE VIDEO

In my latest video in the Law Watch series, you can discover the latest legal developments and you don't even have to open a law book. Find out about the High Court judgment which extricated a company from a £180,000 claim because contractual small print was hidden away; why county court repossession cases are set to be heard more quickly; the simplification in winding up a deceased's estate where no inheritance tax will be payable; and how making a will can be fun. 

PROBATE FEES: increases in the air

If you are someone who should be applying for probate to wind up a deceased's estate (that's where there is a will) or letters of administration for the same purpose (that's where there is no will) then PULL YOUR FINGER OUT!!!

I predict that around October or November 2021 the fee for applying in England and Wales will increase. Currently, the fee is more if you apply in person rather than through a professional such as a solicitor. In person, it will cost £215 as against £155 through a professional. The plan is to align and increase the fee. Everyone would pay the same and the new fee would be £273. Estates worth less than £5,000 do not currently attract a fee and that will not change. Remission from a fee (sometimes called the 'Help with Fees' scheme) will still be available to applicants of low means. There may well be inheritance tax to pay and that's another headache. You can soothe your brow on this by taking a look at 'The Return of Breaking Law'. [There he goes again].  

Court Fee Cuts (E&W): WAIT!!!!!!!!!!!!!

A range of court fee cuts in England and Wales will be effective on 03 August 2020 and so if you want to save some dosh, WAIT!!!!!! until then, provided it is not going to prejudice your position, to issue the reduced fee application. Alas, the fees for starting civil or family proceedings remain untouched.

Here's my pick of the reduced fees and remember that 'Help with fees' still applies so that you may be eligible for a free ride.

civil proceedings

• application for a witness summons - down from £50 to £21
• application to vary a judgment (for example, to be able to pay by instalments) or to suspend enforcement including to suspend a warrant for possession- down from £50 to £14
• request for a certificate of satisfaction in relation to an entry at the Register of Judgments, Orders and Fines - down from £15 to £14 

family proceedings

• application for a third party debt order - down form £100 to £77
• application for a charging order - down from £100 to £38
• application for a judgment summons - down from £100 to £73
• application for an attachment of earnings order - down from £100 to £34
• request for bailiff service (sometimes no fee) - down from £110 to £45

BUT NOTE THAT IN CIVIL AS OPPOSED TO FAMILY PROCEEDINGS, THE EXISTING FEES FOR STARTING ENFORCEMENT PROCEEDINGS WILL STAND.

probate fees

Not quite what you would call 'court' fees but some cuts coming in under the same legislation-

• entering a caveat at the Probate Registry (to prevent issue of probate or letters of administration and good for six months) - down from £20 to £3
• applying for a standing search (so that you are notified that probate or letters of administration have been granted and you get a copy of the document and good for periods of six months at a time)- down from £10 to £3

If you want to check out the recent legislation to thank it, then have a butchers at the Court Fees (Miscellaneous Amendments) Order 2020 SI 2020/720

And if you want millions of legal tips (slight exaggeration) buy my book Breaking Law and give me a break.