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Probate Fees Set to Rise by 75%: What It Means for Families and Practitioners
Joseph Austin TEP
The increase in probate fees forms part of a broader package of changes to court and tribunal fees across HM Courts and Tribunals Service. The Ministry of Justice (MoJ) has stated that the overall purpose of the changes is to strengthen cost recovery, improve consistency in how and where fees are charged, and maintain fair access to justice.
The majority of the changes are inflation-linked: around 170 fees will increase by 2.6% (in line with 2024/2025 inflation). A further 27 fees are rising by approximately a third, reflecting accumulated inflation over a longer period. By those standards, the probate fee increases are in a league of their own.
The MoJ has defended the steep rise in the probate application fee, stating that it "recovers the cost of an ever-improving service, and the new cost accounts for rising inflation as well as investment in delivering an efficient and modern service."
There is one small consolation for applicants. A new, separate reduced fee is being introduced for those who request copies of probate documents at the same time as their application. That fee will fall from £16 to just £2.
With the new fee set to kick in on 13 July 2026, practitioners are predicting a surge in applications in the weeks leading up to the deadline, as personal representatives and their solicitors seek to beat the increase. This is a familiar pattern whenever significant fee changes are announced, and it is likely to place additional short-term pressure on an already stretched service.
This rise in probate application fees is a blow to families navigating the already stressful process of administering an estate, particularly when the service they receive could be better. Unless and until we see tangible improvements in processing times and service quality (particularly on so-called ‘complex cases’ which basically covers anything outside of the very ordinary), it will be difficult to justify these increased costs to the clients we support.
This blog is for informational purposes only and does not constitute legal advice. If you are dealing with a probate matter, please consult a qualified solicitor for guidance tailored to your specific circumstances.
Joseph is a Legal Director in the Private Client Team. He specialises in the administration of deceased persons’ estates (probate), with a particular focus on:
He also advises upon the preparation of wills and lifetime gifts and inheritance planning to include the preparation and administration of trusts.
Nina focuses on supporting the team on all aspects of wealth structuring, estate planning and trusts, undertaking ad hoc research; co-ordinating training; managing knowledge resources; keeping abreast of relevant developments.
Or call +44 (0)20 7814 1200
Joseph Austin TEP
Jack Garden
Jenny Higgins
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