Question to the Ministry of Justice:

To ask Her Majesty’s Government what was the rationale behind the new rates for grant of probate announced in the budget.

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.

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.

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.

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.