Introduction
On 17 February 2025, the State Administration Council (“SAC“) enacted the Law Amending the Court Fees Act (“Amendment Act“) under Section 419 of the Constitution of the Republic of the Union of Myanmar. The Amendment Act will take effect on 1 April 2025.
This Amendment Act updates the fees for AD VALOREM (based on the value of the dispute or property) as outlined in Schedule I of the Court Fees Act. The updates affect fees mentioned in Serials 1, 11, and 12 of Schedule I, which cover civil court filings, probate and letters of administration, and succession certificates.
1. Civil Court Filings
The Amendment Act introduces a revised fee structure for disputes based on their monetary value in civil court filings such as filing a suit, counterclaim, appeal, or cross-objection in a Civil Court or Revenue authority (except as specified in section 3 of the Act) under Serial 1 of Schedule I. Unlike the original Act, which only referenced fees concerning the amount in dispute, the amended provisions now establish a tiered fee system with fixed rates for higher-value cases. Furthermore, the maximum fee for filings or appeals has been increased from 500,000 Kyats to 3,000,000 Kyats. Please see the updated fee structure below:
Dispute Amount | Fee Structure |
Up to 100,000,000 Kyats | Ad valorem 0.5% of the disputed amount |
Over 100,000,000 Kyats up to 1,000,000,000 Kyats | Fixed fee of 1,000,000 Kyats |
Over 1,000,000,000 Kyats up to 3,000,000,000 Kyats | Fixed fee of 1,500,000 Kyats |
Exceeding 3,000,000,000 Kyats | Fixed fee of 3,000,000 Kyats |
Maximum fee for filings and appeals | Increased from 500,000 Kyats to 3,000,000 Kyats |
2. Probate or Letters of Administration (with or without Will)
Additionally, it revises the fee structure for applications or appeals regarding the probate of a will or letters of administration under Serial 11 of Schedule I. The maximum fee for such applications or appeals has been increased from 500,000 Kyats to 3,000,000 Kyats. While the rest of the fees remain unchanged, they are provided here for your reference.
Property Value Range | Fee Structure |
Between 100,000 Kyats and 1,000,000 Kyats | Ad valorem 5% of the property’s value |
Between 1,000,000 Kyats and 10,000,000 Kyats | Ad valorem 6% of the property’s value |
Exceeding 10,000,000 Kyats | Ad valorem 7% of the property’s value |
Maximum fee for applications or appeals | Increased from 500,000 Kyats to 3,000,000 Kyats (Amended) |
3. Succession Certificates
It also amends the fee structure for applications or appeals regarding succession certificates under Serial 12 of Schedule I. The maximum fee has been increased from 500,000 Kyats to 3,000,000 Kyats. The rest of the fees remain unchanged but are provided here for your reference.
Description | Fee Structure |
For listed debts or securities | Ad valorem of 5% of the amount or value |
For additional debts or securities added later | Ad valorem of 7% of the amount or value |
Maximum fee for applications or appeals | Increased from 500,000 Kyats to 3,000,000 Kyats (Amended) |
Conclusion
In conclusion, these changes introduce revised fee structures for civil court filings, probate, and succession matters, including tiered fees for higher-value disputes and increased maximum fees for filings or appeals. All parties involved in such proceedings need to be aware of these changes to ensure compliance with the updated fee structure.
The information provided here is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.