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20 September 2007 / Nick Sanders
Issue: 7289 / Categories: Features , Profession , Wills & Probate
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Funding probate

Firms that do probate work should investigate the funding options available, says Nick Sanders

With the onset of the Legal Services Bill and greater competition in the market, how will firms that do probate work compete in the new marketplace? Firms will have to look at their financial structure and specifically how they fund probate cases.

The number of estates in the UK paying inheritance tax rose by 72% in the five years up to 2004 and is forecast to increase by a further 22% in 2007. While the threshold for inheritance tax has risen by 85% since 1996, the housing market has grown by 179% in the same period and you would be mistaken to think that only the super-rich pay inheritance tax. Around 40,000 estates are expected to be liable to pay inheritance tax in 2007, amounting to £4bn in tax revenues for the government.

Any inheritance tax due has to be paid before probate (or confirmation) is granted. This means that the tax has to be paid before the assets can be released and certain assets of the deceased estate can

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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