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1138966

registered interest
date	15/07/2019
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Probate: Fees and Charges
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, whether he has made an assessment of the effect on the application-processing performance of the Probate Service of changes to the fees structure in 2019; and if he will make a statement.
tabling member constituency	Witham
tabling member printed	Priti Patel
uin	277183
answer	answer is ministerial correction date of answer 18/07/2019 answer text <p>Full consideration has been given to the effect of the proposed fees structure for grant of probate applications on receipts and subsequently on processing performance. We would expect an increase in the number of applications received prior to the introduction of the new fees, which would be partly offset by a decline in receipts post-introduction.</p><p> </p><p>In March 2019 there was a significant increase of probate applications ahead of the anticipated implementation of the new fee structure but, as the fees were not introduced as planned, the high volume of receipts continued into April.</p><p> </p><p>Urgent action has been taken to address the delays which have been experienced in the probate service. Her Majesty’s Courts and Tribunals Service is increasing staffing levels and further improving the digital service to help reduce waiting times.</p> answering member constituency Blackpool North and Cleveleys answering member printed Paul Maynard question first answered 18/07/2019 09:23:33 answering member 3926 label Biography information for Paul Maynard
tabling member	4066 label Biography information for Priti Patel

1133403

registered interest
date	19/06/2019
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Probate: Fees and Charges
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, if he will make it his policy to waive probate fees in cases where applications are not processed within ten days through no fault of the applicant; and if he will make a statement.
tabling member constituency	Christchurch
tabling member printed	Sir Christopher Chope
uin	266623
answer	answer is ministerial correction date of answer 24/06/2019 answer text <p>There are no statutory requirements or public commitments from Her Majesty’s Courts and Tribunals Service in relation to the timeframe for issuing grants of probate. There is a cost to the provision of grants of probate and it is appropriate that this cost is mainly recovered through the application fee, rather than the burden falling to the tax payer.</p> answering member constituency Blackpool North and Cleveleys answering member printed Paul Maynard question first answered 24/06/2019 16:48:21 answering member 3926 label Biography information for Paul Maynard
tabling member	242 label Biography information for Sir Christopher Chope

1062109

registered interest
date	15/02/2019
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Probate: Fees and Charges
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, for what reasons the proposed reforms to probate fees were not brought to the House in the form of primary legislation.
tabling member constituency	Birkenhead
tabling member printed	Frank Field
uin	222003
answer	answer is ministerial correction date of answer 25/02/2019 answer text <p>The proposed changes to probate fees do not require primary legislation, as the power to introduce these changes is provided under section 92 of the Courts Act 2003 and section 180 of the Anti-social Behaviour, Crime and Policing Act 2014. These powers expressly enable the Lord Chancellor to charge fees for anything dealt with by the courts, including the Probate Service, and at a level that exceeds the cost of that for which the fee is charged.</p><p> </p><p>These powers are exercisable by the Lord Chancellor by way of secondary legislation in the form of a statutory instrument, subject to the affirmative procedure. Any income raised must be spent on funding an efficient and effective courts and tribunal service.</p><p> </p><p>Our plans to raise the threshold from £5,000 to £50,000 will lift around 25,000 additional estates annually out of paying fees altogether and more than half of estates in England and Wales will pay no probate fee at all. Of those who do pay, around 60% will pay £250 – close to the current fee level – and around 80% of estates will pay £750 or less. No one will pay more than 0.5% of the total estate value and all fees are recoverable from the estate.</p><p> </p><p>Any income raised must be spent on funding an efficient and effective courts and tribunal service. This allows the Government to subsidise other parts of the system that do not recover their costs in fees, including domestic violence proceedings in the family court and tribunal cases before the First-tier Tribunal concerning mental health.</p><p> </p> answering member constituency South East Cambridgeshire answering member printed Lucy Frazer question first answered 25/02/2019 17:36:07 answering member 4517 label Biography information for Lucy Frazer
tabling member	478 label Biography information for Lord Field of Birkenhead

1062110

registered interest
date	15/02/2019
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Probate: Fees and Charges
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, how many and what proportion of people in England and Wales in each household income band will pay (a) more or (b) less under the Government's proposed reforms to probate fees.
tabling member constituency	Birkenhead
tabling member printed	Frank Field
uin	222004
answer	answer is ministerial correction date of answer 25/02/2019 answer text <p>The proposed probate fees do not relate to household income, but to the value of the estate passing under the grant of representation. Therefore, no assessment has been made relating to household income.</p><p> </p><p>Our plans to raise the threshold from £5,000 to £50,000 will lift around 25,000 additional estates annually out of paying fees altogether and more than half of estates in England and Wales will pay no probate fee at all. Of those who do pay, around 60% will pay £250 – close to the current fee level – and around 80% of estates will pay £750 or less. No one will pay more than 0.5% of the total estate value and all fees are recoverable from the estate.</p><p> </p><p>Any income raised must be spent on funding an efficient and effective courts and tribunal service. This allows the Government to subsidise other parts of the system that do not recover their costs in fees, including domestic violence proceedings in the family court and tribunal cases before the First-tier Tribunal concerning mental health.</p><p> </p> answering member constituency South East Cambridgeshire answering member printed Lucy Frazer question first answered 25/02/2019 17:37:30 answering member 4517 label Biography information for Lucy Frazer
tabling member	478 label Biography information for Lord Field of Birkenhead

1016275

registered interest
date	28/11/2018
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Probate: Fees and Charges
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what assessment he has made of the impact of the increase in probate charges from April 2019 on the (a) personal finances of the bereaved and (b) potential changes in the level of use of probate services; and if he will make a statement.
tabling member constituency	Gedling
tabling member printed	Vernon Coaker
uin	196685
answer	answer is ministerial correction date of answer 03/12/2018 answer text <p>The cost of the fee and reasonable expenses incurred by the executor are recoverable from the estate. Published HMRC data suggests that on average 25% of an estate’s assets are cash which suggests that these fees are affordable[1]. In exceptional cases where an executor cannot afford to pay the fee, there are safeguards in place, including the Lord Chancellor’s power to remit a fee.</p><p> </p><p>As stated in our published Impact Assessment, it is unlikely that demand will change in response to the planned fee changes.</p><p>[1] Inheritance Tax Statistics, available here:</p><p>https://www.gov.uk/government/statistics/inheritance-tax-statistics-table-124-assets-in-estates-by-range-of-net-estate-and-tax-due</p> answering member constituency South East Cambridgeshire answering member printed Lucy Frazer question first answered 03/12/2018 18:08:40 answering member 4517 label Biography information for Lucy Frazer previous answer version 89720 answering member constituency South East Cambridgeshire answering member printed Lucy Frazer answering member 4517 label Biography information for Lucy Frazer
tabling member	360 label Biography information for Lord Coaker

1005645

registered interest
date	12/11/2018
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Probate: Fees and Charges
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government, further to the Written Statement by the Parliamentary Under Secretary of State for Justice on 5 November (HCWS1066), what assessment they have made of the estimate by the Institute for Legacy Management that the proposed rise in probate fees could cost charities £10 million a year in lost legacy income.
tabling member printed	Lord Taylor of Warwick
uin	HL11416
answer	answer is ministerial correction date of answer 26/11/2018 answer text <p>We acknowledge the benefit of assessing this impact and we are already aware of the assessment made by the Institute for Legacy Management. As far as we are aware, the Institute for Legacy Management have not shared the detail behind their data with us. However, we would be very happy to carefully consider any detail behind the assessment should they be open to sharing this with the department.</p> answering member printed Lord Keen of Elie question first answered 26/11/2018 15:50:27 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	1796 label Biography information for Lord Taylor of Warwick

712369

registered interest
date	20/03/2017
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Probate: Fees and Charges
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what her Department's rationale was for introducing a sliding scale of probate fees based on the worth of an estate.
tabling member constituency	Hendon
tabling member printed	Dr Matthew Offord
uin	68494
answer	answer is ministerial correction date of answer 18/04/2017 answer text <p>The Government set out its rationale for reforming the fees for grants of probate in its response to consultation on the fees published on Friday 24 February.</p><p> </p><p>The Government is committed to providing a modern, world-leading justice system which is proportionate and accessible. The best way to protect access to justice is with a properly funded courts and tribunals service.</p><p> </p><p>Fees are necessary to support an effective courts and tribunals system that supports victims and vulnerable people, and is easy for ordinary people to use. In 2015/16, the Government spent around £1.9 billion on our courts and tribunals and recovered only around £700m through fees and other income. We do not believe that the taxpayer should continue to meet all of this cost.</p><p> </p><p>We are getting rid of flat fees and replacing them with a fair, banded, structure related to the value of the estate. This includes raising the fee threshold from £5,000 to £50,000 and lifting an extra 25,000 estates out of fees altogether.</p><p> </p><p>More than half of estates in England and Wales will pay no probate fee and over 90 per cent of estates will pay £1,000 or less. The fees will be implemented on a banded structure, increasing in line with estate values, meaning higher fees are paid by those who can afford to do so. No one will pay more than 1 per cent of the total estate value.</p><p> </p><p>Using the authoritative ONS projections, we have recently improved our estimates of the number of estates in England and Wales.</p><p> </p><p>With this more accurate data, we have produced a refreshed distribution of the estate values table. We have also updated our estimates to take account of HMRC’s most recent data on the distribution of estate values. <em> </em>These minor adjustments to Table 1 (page 11) of the consultation response do not alter the substance of, or rationale for, the proposals on which we consulted, or the Government’s decision to proceed with the changes. I have placed amended versions of the Government response to consultation in the libraries of the Houses.<em> </em></p><p> </p><p> </p><p> </p><table><tbody><tr><td><p><strong>Value of estate (before inheritance tax)</strong></p></td><td><p><strong>Proportion of All estates in England and Wales</strong></p></td><td><p><strong>Proposed Fee</strong></p></td></tr><tr><td><p>Up to £50,000 or exempt from requiring a grant of probate</p></td><td><p>53%</p></td><td><p>£0</p></td></tr><tr><td><p>Exceeds £50,000 but does not exceed £300,000</p></td><td><p>25%</p></td><td><p>£300</p></td></tr><tr><td><p>Exceeds £300,000 but does not exceed £500,000</p></td><td><p>12%</p></td><td><p>£1,000</p></td></tr><tr><td><p>Exceeds £500,000 but does not exceed £1m</p></td><td><p>7%</p></td><td><p>£4,000</p></td></tr><tr><td><p>Exceeds £1m but does not exceed £1.6m</p></td><td><p>1%</p></td><td><p>£8,000</p></td></tr><tr><td><p>Exceeds £1.6m but does not exceed £2m</p></td><td><p>0.3%</p></td><td><p>£12,000</p></td></tr><tr><td><p>Above £2m</p></td><td><p>0.6%</p></td><td><p>£20,000</p></td></tr></tbody></table><p> </p> answering member constituency North East Hertfordshire answering member printed Sir Oliver Heald question first answered 18/04/2017 08:26:46 answering member 69 label Biography information for Sir Oliver Heald
tabling member	4006 label Biography information for Dr Matthew Offord

712018

registered interest
date	16/03/2017
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Probate: Fees and Charges
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty’s Government what was the rationale behind the new rates for grant of probate announced in the budget.
tabling member printed	Lord Myners
uin	HL6156
answer	answer is ministerial correction date of answer 27/03/2017 answer text <p>The Government set out its rationale for reforming the fees for grants of probate in its response to consultation on the fees published on Friday 24 February.</p><p> </p><p>The Government is committed to providing a modern, world-leading justice system which is proportionate and accessible. The best way to protect access to justice is with a properly funded courts and tribunals service.</p><p> </p><p>Fees are necessary to support an effective courts and tribunals system that supports victims and vulnerable people, and is easy for ordinary people to use. In 2015/16, the Government spent around £1.9 billion on our courts and tribunals and recovered only around £700m through fees and other income. We do not believe that the taxpayer should continue to meet all of this cost.</p><p> </p><p>A key change will be the threshold under which no fee is payable increasing from £5,000 to £50,000. More than half of estates in England and Wales will pay no probate fees. The fees will be implemented on a banded structure, increasing in line with estate values, meaning higher fees are paid by those who can afford to do so. Over 90 per cent of estates will pay £1,000 or less for this service and no one will pay more than 1 per cent of the total estate in fees.</p> answering member printed Lord Keen of Elie question first answered 27/03/2017 11:16:24 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	3869 label Biography information for Lord Myners

710393

registered interest
date	13/03/2017
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Probate: Fees and Charges
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty’s Government what assessment they have made of the relationship between the value of a deceased person’s estate and the cost of grant of probate; and whether the increases in the latter announced in the Budget represent the costs associated with the grant or will raise a surplus in addition to those costs.
tabling member printed	Lord Myners
uin	HL5997
answer	answer is ministerial correction date of answer 21/03/2017 answer text <p>On Friday 24 February 2017, after careful consideration of responses to consultation, the Government announced its intention to introduce a new banded system of fees for grants of probate, subject to Parliamentary approval. The original Government consultation and the response can both be found on the Ministry of Justice consultation hub website.</p><p> </p><p>In 2015/16, the Government spent around £1.9 billion on our courts and tribunals and recovered only around £700m through fees and other income.</p><p> </p><p>The new probate fees are fair and proportionate in that they are linked to the value of the estate. Our plan to raise the threshold under which no probate fee is payable from £5,000 to £50,000 will ensure that more than half of estates will pay no fee at all. No one will pay more than 1% of the total estate value in fees.</p><p> </p><p>Parliament has given the Lord Chancellor the power, through section 180 of the Anti-social Behaviour, Crime and Policing Act 2014, to set court and tribunal fees above the cost of the service. All of the additional income that the fees will raise must be reinvested back into our courts and tribunals.</p><p> </p><p>The Government is committed to providing a modern, world-leading justice system which is proportionate and accessible. Fees are necessary to support an effective courts and tribunals system that supports victims and vulnerable people, and is easy for ordinary people to use.</p> answering member printed Lord Keen of Elie question first answered 21/03/2017 15:24:12 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	3869 label Biography information for Lord Myners

457104

registered interest
date	02/03/2016
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Probate: Fees and Charges
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, how much revenue he expects to accrue to the public purse from changes in the level of probate fees in each of the next five financial years.
tabling member constituency	Hendon
tabling member printed	Dr Matthew Offord
uin	29432
answer	answer is ministerial correction date of answer 10/03/2016 answer text <p>The information requested is set out in the published Consultation Document which can be located at: <a href="https://consult.justice.gov.uk/digital-communications/fee-proposals-for-grants-of-probate" target="_blank">https://consult.justice.gov.uk/digital-communications/fee-proposals-for-grants-of-probate</a>.</p> answering member constituency North West Cambridgeshire answering member printed Mr Shailesh Vara question first answered 10/03/2016 15:23:09 answering member 1496 label Biography information for Shailesh Vara
tabling member	4006 label Biography information for Dr Matthew Offord