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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll