header-logo header-logo

10 March 2016 / Joyce Bradbeer
Issue: 7690 / Categories: Opinion , Wills & Probate
printer mail-detail

​Give & take

001_nlj_7690_bradbeer

Personal representatives will struggle to fund the proposed increase in probate court fees, says Joyce Bradbeer

Government proposals to make probate fees “fairer” by moving from a flat to a banded fee approach, proportionate to, and rising with, the value of the estate, are out for consultation and provoking debate. The new regime will also increase the value of the estate below which no fee is payable from £5,000 to £50,000.

I believe the banded fee approach is particularly unfair as the work at the probate registry to issue the grant is the same whether the value of the estate is £500,000 or £2m. The government consultation paper actually admits that the money raised from probate registry fees already covers their costs. This can only therefore be seen as a tax on the wealthy designed to fund HM Courts & Tribunals Service in general. How are these fees to be raised in a world where it is already increasingly difficult for personal representatives to fund the funeral costs and inheritance tax due on the application

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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll