DEATH TAX

Grieving families hit as probate fees soar up to 76%

GRIEVING families will have to shell out hundreds of pounds when a loved one dies as probate fees have increased by as much as 76%.

The cost for applying for probate has risen from as little as £155 to a flat rate of £273.

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Probate fees have risen, pushing up the costs for grieving familiesCredit: Getty

When someone dies, you may have to apply for probate, which gives you the legal right to deal with their estate.

The estate includes any property, money or assets the person owned.

You only have to pay the fee is the person's assets were worth £5,000 or more - otherwise there is no charge.

But changes to probate fees have been on the cards for years.

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Previous proposals suggested bringing in a tiered system, which could have seen some families hit with bills of as much as £6,000 when their loved ones died.

The plans were abandoned after repeated calls for them to be scrapped and accusations that of "cashing in on death".

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Now a flat rate has been introduced, but it will see still the cost of the legal process rocket by 76% for some families.

Previously, probate cost £155 if you went through a solicitor and £215 if you did it yourself.

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The flat rate, regardless of which route you take, is now £273.

It came into effect on January 26, 2022 for England and Wales. Probate fees in Scotland are different.

According to the Institute of Chartered Accountants in England and Wales (ICAEW), the two tier system has been abolished because there was no significant difference in cost between the two application methods to HM Courts and Tribunals Service (HMCTS).

The Ministry of Justice said the fee would not produce any profit for the Government, and the service had previously been operating at a loss.

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But the timing of the increase has been criticised by some.

Stephanie Boyce, president of Law Society England and Wales, said: "We support the aim to make a simpler, more streamlined process for users of the probate service, and we understand funds are needed to help this change and development.

“However, we query why the UK government has decided to increase fees at this time, particularly as the probate service is still facing delays.

"This is unacceptable, the service must be timely and allow executors to settle a loved one’s estate.”

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The increase is the latest in a line of price hikes that struggling families have had to endure.

Already this year, millions of households have seen their energy bills soar and petrol prices jump.

Rising inflation is also pushing up other costs and adding to grocery prices.

What is probate?

Probate is the legal process of dealing with a person's death.

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