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10 March 2016 / Joyce Bradbeer
Issue: 7690 / Categories: Opinion , Wills & Probate
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​Give & take

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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

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

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The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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