Committee publication · Correspondence · 7 July 2026
Correspondence from Sarah Sackman KC MP, Minister for Courts and Legal Services, dated 6 July 2026 relating to Probate fees
From: Justice Committee
Summary
Minister for Courts and Legal Services Sarah Sackman responds to the Justice Committee's June inquiry about probate fee increases effective 13 July 2026. The fee rises from £300 to £526 based on a revised costing model estimating £536 processing cost. The department justifies the increase as cost recovery aligned with HM Treasury guidance, not revenue generation, and defends proceeding without public consultation on grounds the increase aligns with established policy.
Key findings
- Probate application fee increases to £526 on 13 July 2026, up from £300 since 2024, based on revised costing model estimating true processing cost at £536
- Fee increase justified as full cost recovery per HM Treasury Managing Public Money guidance; income supports HMCTS staffing and operations, not departmental revenue
- Copy fee reduced from £16 to £2 per copy (average five copies) to offset portion of application fee increase while maintaining overall cost recovery
- No public consultation conducted as increase aligns with department's established cost-recovery policy; prior 2024 consultation addressed general fee-setting approach
- £5,000 threshold for fee exemption unchanged since 1999; 5.2% of estates fell below threshold in 2022–2023; Help with Fees remission scheme available for eligible users
Tone
ProceduralTopics
public-financecourts-tribunalsfees-chargesaccess-to-justice
Key actors
Sarah Sackman KC MP, Andy Slaughter MP, HM Treasury, His Majesty's Courts and Tribunals Service (HMCTS)
Notable line
“Fee income contributes to the overall funding of His Majesty's Courts and Tribunals Service”
Key Quotes
“The aim here is to recover the cost of delivering the service. This is not designed to generate income for the department.”
“In 2024, the Department finalised a revised costing model, providing greater assurance as to the accuracy and robustness of our assessment of costs.”
“The output from this model is an estimate that the cost of processing a probate grant application is £536, which is substantially higher than the £300 fee that has been charged since”
“On the basis that the fee increase does not go beyond the Department's policy approach to cost recovery , we considered that it was proportionate to proceed without a public consultation.”
“The threshold ensures that those administering very small estates are not required to pay a fee, recognising the limited value of these estates and helping to ensure that access to the probate service remains proportionate and fair.”
Source · parliament.uk record ↗