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12 December 2018
Issue: 7821 / Categories: Legal News , Wills & Probate
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Probate hike warning

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
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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

NEWS

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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