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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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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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