Explanatory note
(This note is not part of the Order)
This Order revokes the Non-Contentious Probate Fees Order 1981 and replaces it by specifying new fees for non-contentious probate matters in the principal registry and district registries. A flat fee has been prescribed for the fee payable on application for a grant (fees 1 and 2) in place of scale fees payable under the 1981 Order. Most of the other fees have been increased.
The table of comparison below shows the comparison between the old fees and the new fees. The table also shows where new fees have been introduced.
Table of comparison
| Number and summary of new fee (for full description see Schedule 1) | Amount of new fee (for full details see Schedule 1) | Amount of old fee | Number of old fee |
|---|---|---|---|
| Application for a grant 1 On an application for a grant (estate over £5,000) | £50 | No fee up to £10,000 then £40 rising in bands to £300 on estates up to £200,000. For estates over £200,000 add £50 per £100,000. | 1(a)1(b) |
| Personal application fee 2 On personal application for a grant (additional to fee 1) | £80 | Scale, e.g. estates over £5,000…£1 per £1,000 | 2(a)2(b) |
| Special applications 3 For a duplicate of second or subsequent grant | £15 | £2 | 3(d)(e) |
| Caveats 4 For the entry or the extension of a caveat | £15 | £4 | 4 |
| Searches 5 Standing search per 6 months | £5 | £2 | 5 |
| Deposit of wills 6 On depositing a will for safe custody | £15 | £1 | 6 |
| Inspection 7 On inspection of any will or other document | £15 | 25p | 7 |
| Copies of documents 8 (a) for the first copy | £5 | 25p–£6 | 8(a)(b)(c);9(a)(b)(c); 9(d)(e) |
| subsequent copy, same document at same time | £1 | 25p–£6 | |
| electronic copy of document | £3 | New fee | New fee |
| where a search of the index is required, in addition to fee 8(a), (b) or (c) as appropriate, for each period of 4 years searched after the first 4 | £3 | New fee | New fee |
| Oaths 9 9.1 Oath fee, except on personal application | £5 | £2 | 10(a) |
9.2 for marking each exhibit | £2 | 50p | 10(b) |
| Determination of Costs 10 For determining costs | Fee 3 in Supreme Court Fees Order 1999 | Fee as in action | 11 |
| Settling documents 11 | £10 | £5 | 12 |