The Non-Contentious Probate Fees (Amendment) Order 2008

Statutory Instruments

2008 No. 2854 (L. 20)

Supreme Court Of England And Wales

The Non-Contentious Probate Fees (Amendment) Order 2008

Made

4th November 2008

Laid before Parliament

5th November 2008

Coming into force

26th November 2008

The Lord Chancellor, with the consent of the Treasury, makes the following Order in exercise of the powers conferred by section 92 of the Courts Act 2003(1).

In accordance with section 92(5) and (6) of the Courts Act 2003 the Lord Chancellor has consulted the Lord Chief Justice, the Master of the Rolls, the President of the Queen’s Bench Division, the President of the Family Division, the Chancellor of the High Court, the Head of Civil Justice, the Deputy Head of Civil Justice and the Civil Justice Council.

Citation and commencement

1.  This Order may be cited as the Non-Contentious Probate Fees (Amendment) Order 2008 and shall come into force on 26th November 2008.

Amendment of the Non-Contentious Probate Fees Order 2004

2.  The Non-Contentious Probate Fees Order 2004(2) is amended as follows.

3.  In Schedule 1, in fee 10, in column 2, for “2004” substitute “2008”.

4.  In sub-paragraph (a) of Schedule 1A, in the definition of “party”, for “the party” substitute “the individual”.

5.  In sub-paragraph 3(3) of Schedule 1A —

(1) in paragraph (a), for “£279” substitute “£296”;

(2) in paragraph (b), for “£198” substitute “£228”; and

(3) in paragraph (c), for “£142” substitute “£150”.

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

4th November 2008

We consent,

Tony Cunningham

Steve McCabe

Two of the Lords Commissioners of Her Majesty’s Treasury

4th November 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Non-Contentious Probate Fees Order 2004 as follows:

(a) in fee 10, the reference to the Civil Proceedings Fees Order 2004 is updated to refer to the Civil Proceedings Fees Order 2008;

(b) amends the definition of “party” in Schedule 1A, so that it refers to “individual” rather than “party”, in order that fee remissions do not apply to companies, partnerships or charities; and

(c) the fixed deductions in sub-paragraph 3(3) of Schedule 1A are updated so that they are consistent with the fixed allowances other court fee orders.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

2003 c. 39. Section 92 is amended by paragraphs 308 and 345 of Schedule 4 to the Constitutional Reform Act (2005 c. 4) and by paragraphs 4(1) and (3) of Schedule 11 to that Act from a date to be appointed.

(2)

S.I. 2004/3120, as amended by S.I. 2007/2174.