The Non-Contentious Probate Fees Order 2004

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Non-Contentious Probate Fees Order 2004 and shall come into force on the 4th January 2005.

(2) In this Order—

(a) a fee referred to by number means the fee so numbered in Schedule 1 to this Order;

(b) “assessed value” means the value of the net real and personal estate (excluding settled land if any) passing under the grant as shown—

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

(ii) in the Inland Revenue account (for a death occurring on or after 13th March 1975), or

(iii) in the case in which, in accordance with arrangements made between the President of the Family Division and the Commissioners of the Inland Revenue, or regulations made under section 256(1)(a) of the Inheritance Tax Act 1984(1) and from time to time in force, no such affidavit or account is required to be delivered, in the oath which is sworn to lead to the grant,

and in the case of an application to reseal means the value, as shown, passing under the grant upon its being resealed;

(c) “authorised place of deposit” means any place in which, by virtue of a direction given under section 124 of the Supreme Court Act 1981(2) original wills and other documents under the control of the High Court (either in the principal registry or in any district registry) are deposited and preserved;

(d) “grant” means a grant of probate or letters of administration;

(e) “district registry” includes the probate registry of Wales, any district probate registry and any sub-registry attached to it;

(f) “the principal registry” means the Principal Registry of the Family Division and any sub-registry attached to it.

(1)

1984 c. 51.

(2)

1981 c. 54.