header-logo header-logo

A cause for concern

24 April 2017 / Elis Gomer
Categories: Features , Wills & Probate
printer mail-detail

The government's controversial plans to hike up probate fees bore the hallmark of a tax, says Elis Gomer

A cursory glance through the Ministry of Justice’s (MoJ’s) press releases on the now defunct hike in probate fees demonstrates that the government was presenting the changes as ‘fair’ and ‘progressive’.

In particular, there was emphasis on the point that over half of estates would not pay any fee at all (58% of estates are worth below £50,000, the suggested lower limit) and on the fact that the new fees would increase with the value of the estate rather than being a flat fee.

The reality is that the proposals were anything but progressive. Dig deeper into the ministerial commentary and you will find the revelation that the main driver for these changes is that the MoJ has identified a ‘need’ for a new source of funding for the courts. Heaven forfend that we should view a functioning court system as a cornerstone of society and something worth funding in its own right. No, the ministerial rhetoric is that

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll