England and Wales probate relief, LPA fees rise 17 Nov

You are often the organiser in your family, the one who handles forms and hard conversations. A new Ministry of Justice order changes some of the costs that sit around probate, inheritance tax relief and powers of attorney in England and Wales. It is called the Court and Public Guardian Fees (Miscellaneous Amendments) Order 2025. Made at 12.45 pm on 27 October 2025, with most changes starting on 17 November 2025, it updates what you pay, who does not pay, and how much copies of documents cost. We explain what this means in everyday terms so you can plan with confidence.

First, a targeted help for bereaved families where someone died because of public service. If an estate qualifies for specific reliefs in the Inheritance Tax Act 1984, the probate application fee is waived. Those reliefs cover three situations: deaths of emergency service personnel, deaths on active service in the armed forces and similar circumstances, and cases where a constable or service member was deliberately targeted because of their status. The change is added to the Non-Contentious Probate Fees Order 2004 as a new rule for these estates.

What that means in practice is straightforward. When HM Revenue and Customs accepts one of those inheritance tax reliefs, you still apply for the grant of probate or for letters of administration, but the court fee is reduced to £0. You should still expect to provide the usual paperwork and evidence about the death and service record. The Ministry of Justice’s explanatory note frames this as recognising service and removing a cost barrier for families at a difficult time.

Second, the price of official copies rises sharply. When you request a copy of a specific person’s document, including a grant or a will, the fee moves from £1.50 to £16. If several banks, insurers or pension providers will ask to see documents, factor that total into your budget. If you only need to check a detail, consider whether you can reuse a copy you already hold before ordering extras. This update sits in Schedule 1 to the probate fees order and starts on 17 November 2025.

Third, the Office of the Public Guardian increases application fees. Registering a lasting power of attorney or an enduring power of attorney will cost £92 per application, up from £82. If you need to resubmit a lasting power of attorney after correction, the reduced fee rises from £41 to £46. According to the explanatory note, these are inflation-based changes. The law on mental capacity and the application steps themselves do not change.

Here is a worked example you can adapt. Many people make two LPAs, one for property and financial affairs and one for health and welfare. Under the new rates that is £92 plus £92, so £184 in total, before any solicitor’s fees if you choose to use a lawyer. If your application is returned and you resubmit, the resubmission fee will be £46. Check the latest Office of the Public Guardian guidance before you apply in case you are eligible for any reductions.

Fourth, some insolvency applications will no longer attract a court fee. There is now no fee for applications for non-disclosure of information under rules 20.2 to 20.6 of the Insolvency (England and Wales) Rules 2016. In plain English, these are orders to keep certain details off the public record, especially where there is a risk of violence or similar harm. For individuals and small business owners in insolvency, this removes a cost hurdle when asking the court for protection.

Fifth, referrals of prisoner release decisions to the High Court will be free of charge. That includes referrals for life sentence cases under the Crime (Sentences) Act 1997 and for fixed-term sentence cases under the Criminal Justice Act 2003. This part will start when the relevant sections of the Victims and Prisoners Act 2024 are brought into force. If you follow parole reform in your studies, note how fee rules shape access to the courts as policy evolves.

You do not need to memorise the instrument numbers, but the scope and dates matter. The order amends the Non-Contentious Probate Fees Order 2004, the Public Guardian (Fees, etc) Regulations 2007 and the Civil Proceedings Fees Order 2008. It extends to England and Wales, was laid before Parliament on 27 October 2025, and most provisions begin on Monday 17 November 2025. It was signed on behalf of the Lord Chancellor by Sarah Sackman, Minister of State, on 23 October 2025, and made with Treasury consent recorded at 12.45 pm on 27 October 2025. If you submit and pay before 17 November, current fees are likely to apply; after that date, plan for the new rates.

A quick refresher keeps us on the same page. Probate is the legal authority to deal with a person’s estate. If there is a valid will and named executors, the document is called a grant of probate; without a will or where no executor can act, it is letters of administration. A lasting power of attorney is a document you make while you have mental capacity, appointing someone you trust to decide for you if you cannot. Enduring powers of attorney are older documents that some families still rely on; they remain valid if created lawfully before the change in the law.

Here is how to apply these changes in your world. If you are handling the estate of someone who died in the line of duty or because of their status, ask about inheritance tax relief at the start; it now also triggers a probate fee waiver. Keep any service evidence and correspondence with HMRC to hand when you lodge the probate application. If you are planning an LPA for a parent or for yourself, set aside the extra £10 per application and reduce the risk of resubmission by using the latest forms, checking names against ID and arranging witnesses carefully. A careful read-through can save both time and money.

We base this explainer on the Ministry of Justice order and its explanatory note published on legislation.gov.uk. Our aim is to help you understand what changes, why it matters and what to do next. This is educational guidance, not legal advice. Use it to frame questions for your family, tutors or advisers, and tell us which real-life scenarios you want us to walk through next, from probate where there is no will to choosing fair and reliable LPA attorneys.