Question 1

What are the new Probate fee increases?

Accepted Answer

A controversial increase in probate fees is due to come into force from April 2019.

The current fixed fee for probate applications is £155 (if an application is made through a solicitor) or £215 for a personal application. However, the Government proposes that from April 2019 the fees will be graduated depending upon the value of the estate.

The change is due to come into effect sometime in April 2019, although no date has yet been given for its introduction. The Government has said that it will publish guidance on the ways for personal representatives to pay for the proposed increases before the changes are introduced.

Question 2

What is a Probate?

Accepted Answer

The best way to explain the old-fashioned word ‘Probate’ is to describe it as a Court Order called a Grant of Representation. Once issued this gives you the power to deal with the affairs of a deceased person.

This description would make the Probate process much less confusing - indeed, this is probably the only time in law when using more words helps! So it’s as simple as that. “getting probate” means obtaining a Court Order so that you can step into the shoes of someone who has died so that you can sort their affairs out.

The Executor or Administrator of a person’s estate will usually apply for Probate.

Question 3

What is Inheritance Tax?

Accepted Answer

Inheritance Tax is a tax that is paid on the value of an estate over a certain threshold. The government sets this level, and it depends on who’s in power at the time and their attitude to inherited wealth that determines what the threshold will be.

The basic Inheritance Tax threshold is currently £325,000 per person as of April 2016. The Inheritance Tax rate is 40% of the value of your estate above this threshold however there are certain factors which can affect the amount of Inheritance Tax to be paid.

Question 4

What is a Will?

Accepted Answer

A Will is a legally binding document that gives clear instructions on how you want your estate (property, assets, money etc.) to be managed after you die.

It includes elements like who will administer your estate, how your family will be cared for and helps you to acknowledge the people in your life when you’re no longer around.

Question 5

What is Intestacy?

Accepted Answer

Intestacy means dying without a Will. By not legally stating how you want your estate to be distributed the Rules of Intestacy come into play. Not only that but issues such as applying for Letters of Administration and Inheritance Tax become much more complex. Dying without a Will makes life complicated for those who need to administer your estate.