Probate fees in England and Wales to be raised, but divorce fees remain unchanged

The standard probate fee will be raised by GBP27 to GBP300, despite objections on the grounds of current poor levels of service. Some respondents also mentioned that the digitisation of probate applications and streamlining of the administration process should have resulted in significant reductions to its service cost. Nevertheless, the ministry replied that probate fees are only payable for estates with a value above GBP5,000 and are recoverable from the estate once probate has been granted. It noted that it had incurred costs in taking action to improve performance and reduce the causes of delays, and was recruiting and training more staff to increase the number of grants being processed.

'The probate fee has been set with the intention to recover the cost to HMCTS of providing its services from those users who are able to afford a fee', it said, promising that the additional income raised from the fee increase will go towards the 'continued improvement of service delivery'.

However, the government has changed its mind about increasing the divorce application fee from its current level of GBP593. Some respondents to the consultation said even this level of fee was disproportionate to the underlying service costs, especially as the administrative processes have been simplified through the introduction of a digitised service and no-fault divorce. This means there is no longer a requirement for separating couples to apportion blame when filing for divorce, thereby also preventing 'unjustifiable contestations'. The online service for divorce applications was updated in 2022 to be fully digital and allow for joint applications.

The MoJ admitted that the current fee for divorce applications is currently set above its service cost, which it has the power to do under s.180 of the Anti-social Behaviour, Crime and Policing Act 2014. The income generated helps to subsidise the cost of other similar services which under-recover or for which a fee is not charged, it said.

'As an enhanced fee, divorce is high in comparison to other fees related to proceedings in the family courts', said the MoJ. 'The government has carefully considered the affordability concerns raised during the consultation period, including the risk that an increase to the divorce fee could deter people (particularly women and those in abusive relationships) from bringing applications to court, therefore remaining in unhappy relationships.'

'We are committed to ensuring that the justice system remains accessible for all, and this includes keeping fees proportionate to the service involved' it said. 'With this in mind, we have decided not to increase the divorce fee [as originally proposed]. It will therefore remain at its current value of GBP593.'

The same fee also applies to an application for nullity or civil partnership dissolution. The GBP95 fee for amendment of application for matrimonial or civil partnership order, and the GBP245 fee for answer to an application for a matrimonial or civil partnership order, also remain unchanged.

England and Wales Court of Protection hearing fees are also unchanged at GBP494, though the fees to apply for action under, a hearing under, or to appeal a decision made under the Mental Capacity Act 2005 are among those being increased by 10 per cent.

Sources

• Law Gazette
• Ministry of Justice (consultation response)