The Ministry of Justice has made the Court and Public Guardian Fees (Miscellaneous Amendments) Order 2025 (S.I. 2025/1126). Made and laid on 27 October 2025, the instrument largely commences on Monday 17 November 2025 and applies in England and Wales. It updates probate charging, raises Office of the Public Guardian application fees and creates targeted court fee waivers.
For probate applications, the Order inserts a new Article 7A into the Non-Contentious Probate Fees Order 2004 to confirm that no application fee is payable where the estate qualifies for inheritance tax relief connected with service-related deaths or targeted attacks on service personnel and constables (Inheritance Tax Act 1984, sections 153A, 154 and 155A). This gives a clear exemption following the April 2025 removal of the previous special-fee entry for such cases.
The Order also replaces the copy-document charging entry (fee 8) in the probate fees schedule. Where a request names a specific individual, the fee for a copy of a document (including grants or wills) will be £16. Under the 2004 framework, fee 8 governs copies of documents retained by the registry; that structure is now revised by this instrument.
Public Guardian fees increase on the same date. Applications to register a lasting power of attorney (and enduring power of attorney) will be £92, with the reduced fee for a repeat LPA application set at £46. The Ministry of Justice has separately confirmed that the £92 LPA fee applies to applications received by the Office of the Public Guardian from 17 November 2025, with the existing exemption and remission schemes remaining in place.
Insolvency-related privacy applications are brought within the court fee remissions regime. No fee will be payable for applications for non-disclosure orders made under rules 20.2 to 20.6 of the Insolvency (England and Wales) Rules 2016, which protect debtors and their families where disclosure of a current address could reasonably be expected to lead to violence.
The Order also waives court fees for referrals to the High Court to reconsider Parole Board release decisions once the new referral powers commence. Two no‑fee entries are created: one for life sentence cases under new section 32ZAA of the Crime (Sentences) Act 1997, and one for fixed‑term cases under new section 256AZBA of the Criminal Justice Act 2003. Both provisions take effect only when sections 61 and 62 of the Victims and Prisoners Act 2024 are commenced.
Timing matters. Unless otherwise specified, the new fees and waivers apply to applications made on or after 17 November 2025. For LPA registrations, the £92 fee applies to applications received by the Office of the Public Guardian on or after that date.
Operationally, probate teams should update client care materials to reflect the service‑related exemption and the revised copy‑document charge. Private client advisers may wish to review planned LPA filings ahead of the fee change, while ensuring clients are screened for eligibility under the OPG’s exemption and remission criteria. Courts and local authorities should align internal guidance and templates to the new fee positions.
For insolvency practitioners, the removal of a court fee for Part 20 non‑disclosure applications should reduce friction where protective orders are justified; evidential requirements under the Insolvency Rules and associated practice directions continue to apply and should be evidenced in supporting witness statements.
The Order is made under Insolvency Act 1986 section 415, Courts Act 2003 section 92, Mental Capacity Act 2005 section 58 and the Anti‑social Behaviour, Crime and Policing Act 2014 section 180. Treasury consent and sanction were obtained, and the senior judiciary were consulted. The instrument was signed for the Lord Chancellor by Justice Minister Sarah Sackman on 23 October 2025, with Treasury consent given by Lords Commissioners Stephen Morgan and Lilian Greenwood at 12:45 on 27 October 2025.