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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll