If you registered a power of attorney between 1 April 2013 and 31 March 2017, you could be entitled to a partial fee refund. According to a statement given by the Ministry of Justice to MoneySavingExpert.com, up to 1.7 million applicants may have paid too much and could now be due a refund of up to £54 for each application they made. Ben Jones, wills, probate and trusts specialist with Hancock Quins Solicitors in Watford, explains what to do if you believe you are eligible.
Which powers of attorney are covered?
A refund can be claimed for any lasting power of attorney or enduring power of attorney made in England or Wales between 1 April 2013 and 31 March 2017. Lasting powers of attorney include a property and financial affairs power of attorney and a health and welfare power of attorney.
Who can claim a refund?
Either the person who made the power of attorney, known as the ‘donor’, or the person they appointed to act on their behalf, known as the ‘attorney’, can apply for a refund. However, payment of the refund will be made directly to the donor, usually via bank transfer.
What happens if more than one power of attorney was registered?
If you registered more than one power of attorney during the relevant period, you will be entitled to a refund for each application made. However, you only need to submit one claim to cover all applications.
How much is the refund?
The amount of the refund will depend on when the fee was paid and whether you received a fee remission.
Click here to link to the government’s refunds webpage to see how much you may be entitled to: https://www.gov.uk/power-of-attorney-refund
How is a claim made?
If possible, you should apply for a refund online by visiting: https://claim-power-of-attorney-refund.service.gov.uk/when-were-fees-paid.
Alternatively, you can claim over the telephone by calling 0300 456 0300 and selecting option 6.
You must claim by telephone if the donor does not have a UK bank account or if they have since died. You must also make a telephone claim if you are a court-appointed deputy seeking a refund.
How long will the refund take?
If your claim is accepted, you should receive your refund within 12 weeks. Rejected claims can be appealed over the telephone by calling 0300 456 0300.
The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the information included and should take appropriate professional advice upon their own particular circumstances.