The Non-Contentious Probate (Fees) Order 2018

Citation and commencement

1.  This Order may be cited as the Non-Contentious Probate (Fees) Order 2018 and comes into force 21 days after the day on which the Order is made.

Interpretation: general

2.—(1) In this Order—

“the assessed value of an estate” has the meaning given in article 3;

“authorised place of deposit” means any place where, in accordance with a direction given under section 124 of the Senior Courts Act 1981(1) (place for deposit of original wills and other documents), original wills and other documents under the control of the High Court (either in the Principal Registry or a district registry) are deposited and preserved;

“district registry” means—

(a)

the probate registry of Wales and any sub-registry attached to it;

(b)

any district probate registry, or

(c)

any sub-registry attached to a district probate registry;

“grant” means a grant of probate or letters of administration;

“the Principal Registry” means the Principal Registry of the Family Division and any sub-registry attached to it, and

“the registrar” means the district probate registrar of the district probate registry to which an application for a grant is made.

(2) Any reference in this Order to a fee by number is to the fee so numbered in Schedule 1.

Interpretation: assessed value of an estate

3.—(1) For the purposes of this Order, “the assessed value of an estate” means—

(a) in the case of an application for a grant, the value of the net real and personal estate (excluding any settled land and any relevant death gratuity) passing under the grant as shown—

(i) in the Inland Revenue affidavit (for a death occurring before 13th March 1975);

(ii) in the account required to be delivered under section 216 of the Inheritance Tax Act 1984(2) (for a death occurring on or after 13th March 1975), or

(iii) where paragraph (2) applies, in the oath which is sworn to lead to the grant, and

(b) in the case of an application to reseal, the value as shown in the document referred to in sub-paragraph (a)(i) to (iii), passing under the grant upon its being resealed.

(2) This paragraph applies in any case in which, in accordance with arrangements made under section 109 of the Senior Courts Act 1981(3) (refusal of grant where capital transfer tax unpaid) or regulations made under section 256(1)(a) or (aa) of the Inheritance Tax Act 1984(4) (regulations about accounts, etc.), the affidavit or account referred to in sub-paragraph (a)(i) or (ii) is not required to be delivered.

(3) In this article “relevant death gratuity” means a death gratuity payable—

(a) under section 17(2) of the Judicial Pensions Act 1981(5) (lump sum on retirement or death);

(b) under section 4(3) of the Judicial Pensions and Retirement Act 1993(6) (lump sum on the judicial officer’s retirement or death), or

(c) to the personal representatives of a deceased civil servant by virtue of a scheme made under section 1 of the Superannuation Act 1972(7) (superannuation schemes as respects civil servants, etc.).

Fees to be taken

4.  The fees prescribed in column 2 of Schedule 1 are to be taken in the Principal Registry and each district registry in respect of the items described in column 1 in accordance with and subject to any directions specified in column 1.

Exemptions: general

5.  If any convention entered into by Her Majesty with any foreign power provides that no fee is to be required to be paid in respect of any proceedings, the fees prescribed by this Order are not to be taken in respect of those proceedings.

Exemption: search made for documents over 100 years old

6.  Fee 6 (inspection) is not to be taken where—

(a) a search is made for research, or a similar purpose, for a document over 100 years old filed in any authorised place of deposit, and

(b) the President of the Family Division gives permission for no fee to be taken.

Refunds: armed forces

7.  Where a fee has been taken on an application for a grant or resealing of a grant and that application was in respect of—

(a) an estate which, on the date on which that fee was taken, was exempt from inheritance tax by virtue of section 154 of the Inheritance Tax Act 1984(8) (death on active service, etc.), and

(b) a death occurring before 20th March 2003,

the Lord Chancellor must, on receipt of a written application from the person who paid the fee, refund to that person the difference between the fee taken and fee 2.2 (application for grant in respect of death in active service, etc.).

Remissions and refunds: Indian Ocean Tsunami and London Terrorist Bombings

8.—(1) The Lord Chancellor must remit in full any fee prescribed in this Order where it appears to the Lord Chancellor that an application for a grant or resealing of a grant is in respect of—

(a) a death occurring as a result of the earthquake and tsunami in the Indian Ocean on 26th December 2004;

(b) a death occurring as a result of another person’s detonation of a bomb in London on 7th July 2005, or

(c) a death occurring as a result of action taken in a police operation following another person’s attempted detonation of a bomb in London on 21st July 2005.

(2) Where a fee has been taken under the Non-Contentious Probate Fees Order 2004(9)-

(a) after 26th December 2004 but before 4th March 2005, in respect of a death occurring in the circumstance described in paragraph (1)(a), or

(b) after 7th July 2005 but before 29th December 2005, in respect of a death occurring in the circumstances described in paragraph (1)(b) or (c),

the Lord Chancellor must, on receipt of a written application from the person who paid the fee, refund the fee to that person.

Refund of fees on withdrawal of application for grant

9.  Where an application for a grant is withdrawn before the issue of the grant, the registrar must refund to the applicant the difference between the fee taken and £50.

Remission of fees in exceptional circumstances

10.  The Lord Chancellor may remit a fee prescribed in this Order where satisfied that there are exceptional circumstances which justify doing so.

Revocation

11.  The Orders specified in Schedule 2 are revoked.

Transitional and saving provision

12.  The Non-Contentious Probate Fees Order 2004 continues to have effect where an application described in column 1 of Schedule 1 has been received by the Principal Registry or a district registry before the coming into force of this Order.

Name

Parliamentary Under Secretary of State

Ministry of Justice

Date

We consent

Name

Name

Two of the Lords Commissioners of Her Majesty’s Treasury

Date