Recent changes in the legal landscape for Lasting Powers of Attorney(LPAs) and probate administration are set to impact anyone planning ahead for incapacity or dealing with an estate in England and Wales.
1. Increased Fees for LPAs and Probate Documents
In November, the UK Government implemented notable fee changes affecting both LPAs and probate:
- The Office of the Public Guardian (OPG) has increased the fee for registering a Lasting Power of Attorney from £82 to £92 per application. This applies to each type of LPA submitted (e.g., Property & Financial Affairs and Health & Welfare), which may significantly increase costs for those creating both types.
- The fee for sealed copies of a grant of probate has risen sharply from £1.50 to £16 per copy. One copy is included with the probate application fee, but executors often need multiple copies for banks, pension providers and other institutions — meaning the total cost of probate administration can rise quickly.
These fee changes reflect the Ministry of Justice’s position that charges should better align with the actual cost of delivering these services, especially as demand continues to grow.
2. Modernisation of the LPA System
Beyond fees, the Government has been progressing with modernisation reforms to the way LPAs are made and registered:
- The Powers of Attorney Act 2023 has received Royal Assent and lays the foundation for a digital LPA process, potentially allowing donors and attorneys to complete and register LPAs online in the future.
- Proposed reforms include authorised digital signatures, mandatory identity verification, and clearer notification requirements for third parties. These changes aim to reduce error rates and strengthen safeguards against fraud and abuse.
While the new digital platform is still being developed and requires careful testing, the long-term goal is a quicker, more secure and user-friendly system — potentially reducing the current reliance on paper forms and postal delays.