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14 February 2018 | Comment | Article by Eleanor Evans TEP

Ministry of Justice power of attorney court fee refund scheme

A scheme has been launched to refund those who may have paid a higher court fee than they should when applying to register powers of attorney.

If you have applied to register a lasting or enduring power of attorney with the Office of the Public Guardian (OPG) between 1 April 2013 and 31 March 2017, and paid an application fee, then you could be due a partial refund.

OPG’s processing costs have been reducing in recent years. This has led to the Ministry of Justice lowering the application fee in April 2017. The refund scheme allows those who paid a higher fee when costs were reducing to claim a partial refund.

If you think you, or someone you are acting for, may be eligible for a refund visit https://www.gov.uk/power-of-attorney-refund for more details and make a claim using the online service.

You can also use the refund helpline by calling OPG on 0300 456 0300* and selecting option 6. This scheme is being administered by OPG.

*Lines are open Monday, Tuesday, Thursday and Friday from 9am to 5pm and Wednesday from 10am to 5pm. Please select option 6 if calling. Visit https://www.gov.uk/call-charges for call charges.

Please be aware that this scheme applies to court fees only and not legal fees paid for the preparation and registration of powers of attorney. The fee refund scheme is being administered by the OPG, and donors and attorneys who believe they are entitled to a fee refund should contact the OPG direct. Due to the amounts involved, it will not be cost-effective to instruct solicitors to assist with claiming fee refunds.

Author bio

Eleanor is Head of the Trusts and Estates Administration Department, a large team dealing with estates and trusts administration on behalf of financial institution and trust corporation clients.  Eleanor is a specialist in wills, probate, tax and trusts, and is a full member of STEP (the Society of Trusts and Estates Practitioners).  She is also a committee member of the STEP Wales branch.

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