Probate fee increase postponed

We reported last November that the government was going ahead with its plans to introduce a new structure for probate fees from 1 April 2019. However, the increase has been postponed because the statutory instrument introducing it has not been approved by Parliament. 

The new structure means that probate fees will be linked to the size of the estate and charged in a banding structure. The new fees represent a considerable increase on the current ones for many estates over £50,000. 

The relevant statutory instrument is The Non-Contentious Probate (Fees) Order 2018. This has been delayed due to lack of parliamentary time because of Brexit. 

The government is still expected to go ahead with the fee increases, although there is no new start date as yet. The order will come into effect 21 days after it is made.


  • Any delay is welcome. No matter how it is packaged this is just another increase in tax. With all parties recognising the unfairness of Inheritance Tax and the need for its reform it is a move in the wrong direction for the government to create another unfair tax at the point of death.