Hike in Probate Application Fees

A New Inheritance Tax? 

New Probate Fees

From 18 November 2024, the Supreme Court of Victoria increased the fees for applications to obtain a Grant of Representation (which includes a Grant of Probate). The new application fees are as follows:


  • For Estates valued between $250,000 and $500,000: $514.40 (a 650% increase from the previous fee).
  • For Estates valued between $500,000 and $1,000,000: $1,028.80 (a 180% increase from the previous fee).
  • For Estates valued between $1,000,000 and $2,000,000: $2,400.50 (a 250% increase from the previous fee).
  • For Estates valued between $2,000,000 and $3,000,000: $4,801.00 (a 220% increase from the previous fee).
  • For Estates valued between $3,000,000 and $5,000,000: $7,185.20 (a 210% increase from the previous fee).
  • For Estates valued between $5,000,000 and $7,000,000: $12,002.60 (a 417% increase from the previous fee).
  • For Estates valued over $7,000,000: $16,803.60 (a 625% increase from the previous fee).


The Victorian government justified the recent fee increases by stating that the charges should reflect the private benefits individuals receive from using the Court system. The legal industry are calling out the decision and referring to the steep fee increase as a “death tax by stealth”, something which the Victorian Government had previously promised they would not bring back. 

Challenges for Executors

One of the challenges for Executors in the future will be the impact these newly increased application fees may have on the decision as to whether or not to accept an Executorship. This is because typically, the bank accounts and assets of a deceased person are not accessible until a Grant of Probate is obtained from the relevant Supreme Court.


As a result, individuals nominated as Executors in a Will may be unable to act as Executors if they do not have sufficient funds available to pay the mandatory Probate application fee, leaving already grieving family and loved ones with a difficult decision to make.


This may lead to the unintended consequence of undermining the wishes of a deceased person, in that the person they entrusted to manage their Estate may be unable to afford to do so effectively. With the significant costs now involved, many law firms are no longer able to cover Probate application fees in advance for their clients as they previously did. Lardners Solicitors remains committed to assisting our clients and endeavouring to find solutions to their legal problems and will continue to support Executors and clients as best as possible.


If you would like to discuss how Lardners Solicitors can assist you in obtaining a Grant of Representation from the Court, or would like to discuss any estate planning matters, please feel free to contact one of our solicitors at (03) 9789 4511 or via email at reception@lardners.au 

*Disclaimer - The content on this page is provided for information purposes only and it does not constitute legal advice. The content is of a general nature, and it may not be current. Formal legal advice should be sought in particular matters. 

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