The Lord Chancellor could be acting ultra vires if proposals to introduce a sliding scale for probate fees go ahead, MPs and peers have warned.
Currently, the fee for probate is £215 for individuals and £155 for individuals applying through a solicitor. Last month, the Ministry of Justice published a statutory instrument—yet to be approved by Parliament—that proposed linking fees to the value of the deceased’s estate, up to a maximum of £6,000 for estates worth more than £2m.
All profits generated would go to the Courts and Tribunals Service.
In a report published last week, however, the Joint Committee on Statutory Instruments said fees should bear some relationship to the service provided. It noted that probate is ‘an administrative process’ unlike a decision to commence litigation. This ‘makes it difficult for the Committee to accept that a power to charge enhanced court fees can be extended naturally to require probate fees to reflect the general costs of the court and tribunal system.’
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