More robbery on top of the new land taxes:
https://www.theguardian.com/australia-news/2024/nov/04/victoria-probate-fee-incr...‘Death tax by stealth’: Victorian government hikes probate fees by up to 650%
Fees to process wills to change from fixed rate to tiered system in move opposition says can’t be justified
Probate fees for estates valued between $500,000 and $1m would increase 180%, from $367.40 to $1,028.80, while estates between $1m and $2m would increase 250%, from $685.90 to $2,400.50.
Estates valued between $2m and $3m would have a new $4,801 fee imposed, up from $1,502.40.
Three new tiers for multimillion-dollar estates would also be introduced: $7,185.20 for those valued at $3m to $5m, $12,002.60 for $5m to $7m and $16,803.60 for $7m or more. With probate fees previously capped at $2,318.90, it represents up to a 625% increase in fees.
“This is effectively the imposition of a death tax by stealth,” he said.
“To have massive increases in the amount of money that grieving families have to pay when a loved one dies to get probate can’t be justified.”
He said the probate office would now rake in more in fees than it cost to operate.
The changes come after a review of the probate office by the Department of Justice and Community Safety, which was subject to community consultation but had a low participation rate.
Of the 124 participants surveyed during consultation, 94% were not supportive of an increase to probate fees, with the majority citing concerns about affordability, cost-of-living pressures, limited access to justice and recovery of costs. Victoria’s peak legal body, the Law Institute of Victoria, was among critics.
In its statement of reasons published online on Monday, the department acknowledged there could be “challenges” for executors and beneficiaries, who may have limited personal wealth – despite an estate’s significant assets – to pay the new fees.
It suggested they could take out a loan, use a credit card
or find a law firm that may cover costs and recover them from the estate later.
On concerns about the possibility of elder abuse, the department said it was “illogical in most instances to pressure someone to transfer their assets before they passed to avoid proposed probate fees” but was acknowledged “still a risk”.
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