header-logo header-logo

Probate hike warning

12 December 2018
Issue: 7821 / Categories: Legal News , Wills & Probate
printer mail-detail

The Lord Chancellor could be acting ultra vires if proposals to introduce a sliding scale for probate fees go ahead, MPs and peers have warned.

Currently, the fee for probate is £215 for individuals and £155 for individuals applying through a solicitor. Last month, the Ministry of Justice published a statutory instrument—yet to be approved by Parliament—that proposed linking fees to the value of the deceased’s estate, up to a maximum of £6,000 for estates worth more than £2m.

All profits generated would go to the Courts and Tribunals Service.

In a report published last week, however, the Joint Committee on Statutory Instruments said fees should bear some relationship to the service provided. It noted that probate is ‘an administrative process’ unlike a decision to commence litigation. This ‘makes it difficult for the Committee to accept that a power to charge enhanced court fees can be extended naturally to require probate fees to reflect the general costs of the court and tribunal system.’

Issue: 7821 / Categories: Legal News , Wills & Probate
printer mail-details

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll