Clarkslegal LLP - Solicitors in Reading and London

Legal Updates

Probate fees and capacity issues

08 May 2014 #Commercial Real Estate

The government recently went ahead with its proposal to significantly increase the fee charged by probate registries for issuing grants and sealed copies of grants. 

The changes came into effect on 22 April 2014 and fees have increased from £45 to £155. If sealed copies of the grant are required then an additional 50p is payable for each sealed copy.

On a more positive note, the fees charged by the Court of Protection for deputyship applications have been reduced significantly. Deputyship orders are required so that someone’s financial affairs can be dealt with if, as a result of accident or illness, they are unable to do so themselves. Previously the court fee had been set at £400, but this will now be reduced to £220. This reduction will be implemented later in the year.

A deputyship application is still however a very time consuming and costly process, where you ultimately have no say over who will be appointed to manage your property and financial affairs if you were to lose capacity. We therefore strongly recommend that clients take out Lasting Powers of Attorney whilst they have the capacity to do so. Entering into a Power of Attorney should not be left until the last minute, as a loss of capacity is not always a gradual process and can occur suddenly as a result of a stroke or an accident.

At Clarkslegal we are happy to guide you through the process of making a Lasting Power of Attorney from start to finish, making sure you are prepared for whatever lies ahead.

Clarkslegal, specialist Real Estate lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Real Estate matter please contact Clarkslegal's real estate team by email at by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

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Commercial Real Estate team
+44 (0)118 958 5321