# MoJ scraps proposed probate fee changes

- Link: https://fundraising.co.uk/2019/10/14/moj-scraps-proposed-probate-fee-changes/
- Published: 2019-10-14T11:45:23+01:00
- Author: Melanie May

**The Ministry of Justice has scrapped its plans to overhaul probate fees, which
would have seen the £215 flat-rate probate fee abolished and replaced with fee bands,
which could have seen the largest estates incur charges of up to £6,000. **

[Remember A Charity](https://www.rememberacharity.org.uk) and the [Institute of Fundraising](http://www.institute-of-fundraising.org.uk)
have welcomed the announcement, made this weekend.

Dubbed a ‘stealth tax’, the Ministry of Justice expected to generate around £185
million from the increased fees by 2022-23. However, charity sector bodies had [raised concerns](https://cdn.rememberacharity.org.uk/app/uploads/2019/03/Joint_letter_to_Minister_12.03.19.pdf)
with HMCTS and the Ministry of Justice that the planned fee increases could severely
disrupt legacy giving.

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Remember A Charity had warned that such a hefty price tag for wealthy individuals–
many of whom leave sizable gifts to charity – could discourage legacy giving and
estate planning altogether.

[Speaking to The Daily Mail](https://www.dailymail.co.uk/news/article-7564781/Death-tax-hike-axed-Minister-lifts-threat-6-000-probate-fees-grieving-families.html),
Justice Secretary Robert Buckland confirmed the new fee structure had been abolished,
saying:

> “I have listened very carefully to the strong views aired on proposed new probate
> fees.
> “While fees are necessary to properly fund our world-leading courts system, they
> must be fair and proportionate. We will withdraw these proposals, and keep the
> current system while we take a closer look at these court fees as part of our 
> annual wider review.”

Rob Cope, Director of Remember A Charity, said:

> “We’re hugely relieved to hear that there will be no major increase to probate
> fees and that that the current structure will be retained, at least for the time-
> being. Charities large and small rely heavily on gifts in Wills. Worth around 
> £3 billion a year, we simply can’t afford to risk jeopardising such an important
> income stream or to reverse the trend for growth in legacy giving.”
> “We’ll continue to work closely with Government to ensure the sector’s views are
> heard and that the legacy environment is protected. This includes ensuring that
> concerns about the prolonged delays to probate are addressed and the sector keep
> informed.”

 * **[Death rate rise will see extra £650 million in Gifts in Wills over next five years](https://fundraising.co.uk/2019/11/12/death-rate-rise-will-see-extra-650m-in-gifts-in-wills-over-next-five-years/)**(
   12 November 2019)
 * **[How to protect your legacies against charity scandals](https://fundraising.co.uk/2019/11/28/how-to-protect-your-legacies-against-charity-scandals/)**(
   28 November 2019)
 * **[Probate delays continue to impact legacy income](https://fundraising.co.uk/2019/12/05/probate-delays-continue-to-impact-legacy-income/)**(
   5 December 2019)

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