This Order may be cited as the Court and Public Guardian Fees (Miscellaneous Amendments) Order 2025.
The Court and Public Guardian Fees (Miscellaneous Amendments) Order 2025
Published: Mon 27th Oct 25
The Court and Public Guardian Fees (Miscellaneous Amendments) Order 2025 amends several existing statutory instruments concerning court and public guardian fees.
This Order introduces an exemption from probate fees for estates involving emergency service personnel or armed forces personnel eligible for inheritance tax reliefs, and revises the fee for obtaining copies of specific probate documents.
Furthermore, it increases fees charged by the Public Guardian for registering Enduring and Lasting Powers of Attorney, and implements new fee exemptions for civil proceedings related to insolvency protective orders and judicial referrals concerning the parole decisions for prisoners.
Arguments For
Intended to ensure fee structures for probate and public guardianship services remain sustainable.
Provides necessary fee increases reflecting administrative costs, particularly for document copies and L/EPA registrations.
Introduces important exemptions supporting emergency service personnel, armed forces, insolvency proceedings protection, and judicial review of prisoner parole decisions, thereby reducing financial barriers in sensitive situations.
Facilitates the commencement of related provisions in the Victims and Prisoners Act 2024.
Arguments Against
Increases in probate document copy fees may impose unexpected costs on individuals accessing important historical or legal records.
Fee adjustments for the Office of the Public Guardian, while perhaps necessary for cost recovery, increase burdens on those setting up or managing Lasting Powers of Attorney and Enduring Powers of Attorney.
The retroactive commencement timing for Article 6 depends on associated sections of the Victims and Prisoners Act 2024 coming into force, potentially complicating implementation timing.
The Lord Chancellor makes this Order in exercise of the powers conferred by—
ol.(a)
section 415 of the Insolvency Act 19861,
(b)section 92 of the Courts Act 20032,
(c)section 58(3) and (4) of the Mental Capacity Act 20053, and
(d)section 180(1) of the Anti-social Behaviour, Crime and Policing Act 20144.
The Lord Chancellor has had regard to the matters referred to in section 92(3) of the Courts Act 2003 and section 180(3) of the Anti-social Behaviour, Crime and Policing Act 2014.
The Lord Chancellor has obtained the sanction of the Treasury in accordance with section 415(1) of the Insolvency Act 1986.
The Lord Chancellor has obtained the consent of the Treasury in accordance with section 92(1) of the Courts Act 2003 and section 180(1) of the Anti-social Behaviour, Crime and Policing Act 2014.
The Lord Chancellor has consulted the Lady Chief Justice, the Master of the Rolls, the President of the King's Bench Division, the President of the Family Division, the Chancellor of the High Court, the Head of Civil Justice, the Deputy Head of Civil Justice and the Civil Justice Council in accordance with section 92(5) and (6) of the Courts Act 2003.
The Lord Chancellor makes this Order utilizing powers granted under four distinct pieces of legislation: the Insolvency Act 1986, the Courts Act 2003, the Mental Capacity Act 2005, and the Anti-social Behaviour, Crime and Policing Act 2014.
Before making the Order, the Lord Chancellor considered specific matters required by the Courts Act 2003 and the Anti-social Behaviour, Crime and Policing Act 2014.
They also secured the necessary sanction and consent from the Treasury where required by these Acts.
Furthermore, consultation took place with senior members of the judiciary and the Civil Justice Council as mandated by the Courts Act 2003.
Citation and extent1.
(1)
(2)
This Order extends to England and Wales.
The first section establishes the official title of this legislation as the Court and Public Guardian Fees (Miscellaneous Amendments) Order 2025.
The provisions contained within this Order apply exclusively to the jurisdictions of England and Wales.
Commencement2.
(1)
This Order comes into force on 17th November 2025, subject as follows.
(2)
Article 6(1) comes into force at the same time as section 61(1) of the
Victims and Prisoners Act 20245 comes into force.
(3)
Article 6(2) comes into force at the same time as section 62(1) of the Victims and Prisoners Act 2024 comes into force.
The majority of the Order becomes effective on 17th November 2025.
However, Article 6 has delayed commencement provisions.
Specifically, Article 6(1) takes effect simultaneously with section 61(1) of the Victims and Prisoners Act 2024.
Similarly, Article 6(2) takes effect when section 62(1) of the same Act comes into force.
Fees payable in relation to non-contentious probate3.
(1)
The Non-Contentious Probate Fees Order 20046 is amended as follows.
(2)
Before article 8 insert—
“Special exemption – emergency service personnel and armed forces7A.
No fee is payable on an application for a grant relating to an estate where reliefs apply under one of the following sections of the Inheritance Tax Act 19847—(a)
section 153A (death of emergency service personnel etc.);
(b)
section 154 (death on active service, etc.);
(c)
section 155A (death of constables and service personnel targeted because of their status).”.
(3)
In Schedule 1 for the entries relating to fee 8 (copy documents) substitute—
“8 Copy documents
On a request for—
(a) a copy of a document of a specific individual named in the request;
£16 (for each copy provided, whether or not as a certified copy)
(b) copies of documents of individuals not named in the request, where the copies are made available in electronic form.
£1.50 (for each copy made available, whether or not as a certified copy)”.
This section amends the Non-Contentious Probate Fees Order 2004.
A new Article 7A is inserted, which provides that no fee is payable for a grant application if the estate qualifies for inheritance tax reliefs connected to the death of emergency service personnel or armed forces personnel under specific sections of the Inheritance Tax Act 1984.
Additionally, Fee 8 in Schedule 1, concerning copies of documents, is revised significantly.
A request for a copy of a document belonging to a specifically named individual now costs £16, an increase from the previous structure, while electronic copies for unnamed individuals remain at £1.50.
Fees payable to the Public Guardian4.
(1)
The Public Guardian (Fees, etc) Regulations 20078 are amended as follows.
(2)
In the Schedule—
(a)
in the entry for “Fee for application to register an enduring power of attorney (regulation 4)” for “£82” substitute “£92”
;
(b)
in the entry for “Fee for application to register a lasting power of attorney (regulation 5)” for “£82” substitute “£92”
;
(c)
in the entry for “Reduced fee for repeat application to register a lasting power of attorney (regulation 5)” for “£41” substitute “£46”
.
This part updates the fees governed by the Public Guardian (Fees, etc) Regulations 2007.
The standard fee for applying to register both an Enduring Power of Attorney (EPA) and a Lasting Power of Attorney (LPA) increases from £82 to £92.
Additionally, the reduced fee applied to a subsequent or repeat application for registering an LPA is raised from £41 to £46.
Fees exemption for civil proceedings relating to insolvency and persons at risk of violence5.
(1)
The Civil Proceedings Fees Order 20089 is amended as follows.
(2)
After article 3E insert—
“Exemption related to insolvency and persons at risk of violence3F.
No fee is payable in respect of an application for an order for non-disclosure of information under rule 20.2, 20.3, 20.4, 20.5 or 20.6 of the Insolvency (England and Wales) Rules 201610.”.
Changes are made to the Civil Proceedings Fees Order 2008 by inserting a new Article 3F. This new article exempts applicants from paying any fee when applying for a non-disclosure order under specific rules of the Insolvency (England and Wales) Rules 2016.
This exemption specifically targets protecting information relevant to insolvency proceedings and safeguarding individuals who are at risk of violence.
Fees exemptions for civil proceedings relating to referrals of decisions to release prisoners on parole6.
(1)
In the
Civil Proceedings Fees Order 2008, after article 3F (as inserted by article 5(2)) insert—
“Exemption related to referrals to High Court of decisions to release prisoners (life sentence) on parole3G.
No fee is payable for making a referral of a prisoner’s case (life sentence) to the High Court under section 32ZAA(2) of the Crime (Sentences) Act 199711.”.
(2)
In the
Civil Proceedings Fees Order 2008, after article 3G (as inserted by paragraph (1)) insert—
“Exemption related to referrals to High Court of decisions to release prisoners (fixed-term sentence) on parole3H.
No fee is payable for making a referral of a prisoner’s case (fixed-term sentence) to the High Court under section 256AZBA(2) of the Criminal Justice Act 200312.”.
This section further amends the Civil Proceedings Fees Order 2008, introducing two new articles relating to parole referrals.
New Article 3G exempts fees for referring a life-sentence prisoner's case to the High Court for review following a parole decision, as outlined in the Crime (Sentences) Act 1997.
New Article 3H establishes the same fee exemption for referrals concerning fixed-term sentence prisoners to the High Court, based on provisions in the Criminal Justice Act 2003.
The commencement of these subsections is linked to later commencement of certain sections of the Victims and Prisoners Act 2024, as detailed in Article 2.
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