‘Tax on grief’ proposal scrapped – a relief for bereaved families
There has been some positive news for bereaved families who are involved in obtaining probate and dealing with a loved one’s estate.
Almost a year ago the Government brought in a proposal to dramatically increase the fees payable when someone applies for a grant of probate. Currently fees are charged at a flat rate of £215 – or £155 where the application is made through a solicitor. The Government’s proposal was to introduce a scale which would have seen the fees increase to as much as £6,000 depending on the size of the estate. The proposal was much criticised for its unfairness and was characterised as a ‘tax on grief’.
The introduction of the increased fees was postponed repeatedly, but for months the threat of them coming in on just 21 days notice has been hanging over bereaved families and probate practitioners. However, to the relief of many, it has now been announced that the proposal has been scrapped. Making the announcement, Justice Secretary Robert Buckland accepted that the proposed scale fees were not “fair and proportionate” and said that there would be a wider review of court fees before any changes were brought in.
Further good news is that the delays that have been experienced recently in obtaining grants of probate appear to be reducing. In normal circumstances, grants of probate are issued in around 10 working days after the application is submitted, but since the spring delays of more than 3 months have been common. This has been caused partly by a spike of applications resulting from the proposed introduction of scale fees, and partly by IT problems at the probate registry.
Again, much to the relief of bereaved families and probate practitioners, grants of probate are now coming through much more quickly and the probate registry are optimistic that normal service will be restored within the next few weeks. The probate registry have also promised that a help line will be available from the beginning of November which will enable the progress of applications to be tracked.
If you have any queries regarding gaining a grant of probate, please contact Peter Crix on 01473 298112 or email peter.crix@gotelee.co.uk.
