Key Implications for Litigation and Probate
The Ministry of Justice has confirmed that a range of court and tribunal fees will increase from 13 July 2026, as part of its continued focus on improving cost recovery across HM Courts & Tribunals Service and ensuring fees keep pace with inflation.
While many of the changes are modest in isolation, the cumulative effect will be felt by both litigation clients and those dealing with estate administration.
For civil litigation, the majority of fee increases are relatively modest, with many rising in line with inflation at approximately 2.6%. However, these uplifts apply to a wide range of procedural steps, meaning their impact is rarely confined to a single stage of proceedings.
By way of example, the fee for a general application without consent will increase from £313 to £321, while an application by consent rises from £123 to £126. Similar incremental increases apply across a number of costs-related applications and assessments.
In practice, this means that although individual increases appear limited, the overall cost of pursuing or defending a claim is likely to rise, particularly in more complex or contested matters where multiple applications are required. Clients should therefore expect a gradual increase in litigation disbursements, which may have a noticeable impact on overall costs exposure and budgeting.
In contrast, the changes affecting probate are more pronounced. The probate application fee will increase from £300 to £526, representing a rise of over 75%.
As this fee is payable at the point of applying for a grant of probate or letters of administration, executors may face a significantly higher upfront cost. While the fee is ultimately recoverable from the estate, this increase may create short-term funding considerations, particularly where estate assets are not immediately accessible.
There is, however, a limited offset. The cost of obtaining copies of the grant at the time of application will reduce from £16 to £2 per copy, which may provide some savings where multiple copies are required for the administration of assets.
The updated fees will apply to any applications or proceedings issued on or after 13 July 2026 and will not apply retrospectively. This creates a short window in which it may be advantageous to progress certain matters under the current fee regime.
For those considering litigation or nearing the probate application stage, early advice and timely action may help to mitigate the impact of these changes.
At Rutherfords, our Litigation and Private Client teams are advising clients on how best to manage the implications of these fee increases. Whether you are involved in ongoing proceedings or administering an estate, we can provide clear, pragmatic advice on timing, costs, and next steps. For advice, please call 01827 311411.
Article written by Rebecca Taylor, partner, private client department.
