Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment he has made of the potential impact of the increase in the probate application fee to £526 on bereaved families, in the context of current costs of living, including on those whose estates lack sufficient liquid assets to meet that fee before a grant of probate is issued.

The Government recognises that applying for probate can be a difficult process for bereaved families. Before introducing the increase in the probate application fee to £526, the Ministry of Justice undertook a full Impact Assessment, including an assessment of the equalities impacts of the change in line with its obligations under the Public Sector Equality Duty. This was published alongside the Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 on 19 June 2026. This fee increase is intended to recover the cost of delivering the probate service, taking account of rising costs from inflation and investment in a modern and efficient service and ensuring that the service has the resources necessary to continue to deliver effectively. Estates valued below £5,000 will continue to be exempt from paying a fee.

For those who may be unable to afford a fee, the Help with Fees remission scheme remains available to eligible applicants. In addition, where an applicant does not qualify for Help with Fees, they may ask court or tribunal staff to exercise the Lord Chancellor’s exceptional power to remit fees. This ensures that no one is denied access to justice because they cannot reasonably afford a court or tribunal fee.