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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
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The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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