Supreme Court (Non-Contentious Probate) Fees Order (Northern Ireland) 1996

Citation and commencement

1.  The Order may be cited as the Supreme Court (Non-Contentious Probate) Fees Order (Northern Ireland) 1996 and shall come into operation on 1st April 1996.

Interpretation

2.—(1) In this Order, unless the context otherwise requires “assessed value” means the value of the net real and personal estate 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 a case in which, in accordance with arrangements made between the Lord Chancellor and the Commissioners of Inland Revenue or regulations made under section 256(1) 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 a grant means the said value, as so shown, passing under the grant upon its being resealed;

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

“master” means the Master (Probate and Matrimonial) or a district judge.

(2) Except where otherwise stated, a fee referred to by number means the fee so numbered in Schedule 1 to this Order.

Revocation

3.  The orders specified in Schedule 2 to this Order are hereby revoked.

Fees to be taken in Non-Contentious Probate matters in the Supreme Court

4.—(1) Subject to paragraphs (2)-(5) and Article 5 the fees set out in column 2 of Schedule 1 shall be payable in non-contentious probate proceedings in respect of the items set out opposite thereto in column 1, subject to and in accordance with the directions contained in that Schedule.

(2) Where in the estate of a person who died domiciled in Northern Ireland a grant has been obtained in England or a confirmation in Scotland, court fees shall not be payable in Northern Ireland in respect of the property passing under such grant or confirmation.

(3) The fees specified in Schedule 1 shall be remitted where such fees if taken would be payable out of money provided by Parliament, provided that this sub-paragraph shall not apply to cases in which such fees are included in costs incurred by the Crown upon any proceedings which other parties may be required to pay.

(4) Where any application for a grant is withdrawn before the issue of the grant, the Master or Probate Officer, may reduce, remit or refund the requisite fee.

(5) Where, on application for a grant by a personal applicant, the papers leading to the grant are prepared by the applicant himself, the master may remit up to one half of the fee prescribed by fee No. 2.

(6) Where it appears to the Lord Chancellor that the payment of any fee specified in Schedule 1 would, owing to the exceptional circumstances of the particular case, involve undue hardship, he may reduce or remit the fee in that case.

Fees in foreign convention proceedings

5.  Where by any convention entered into by Her Majesty with any foreign power it is provided that no fee shall be required to be paid in respect of any proceedings, the fees specified in Schedule 1 shall not be taken in respect of those proceedings.

Manner in which fees are to be taken

6.—(1) The fees prescribed in Schedule 1 shall be taken in cash.

(2) Payment of the appropriate court fee shall be endorsed on the relevant document (that is, the document indicated in column 3) by mechanical means or, where this means is not available, the person to whom the fee is paid shall endorse the relevant document by writing thereon the amount and date of payment and shall sign the endorsement.

(3) Where fees are payable under this Order in respect of any item and there is no document in reference to that item on which an endorsement can be made, the person requesting the action to which the item relates shall make the request by a requisition or note in writing which shall be endorsed as to the payment of the appropriate fee in accordance with paragraph (2).

Exclusion of certain death gratuities

7.  In determining the value of any estate for the purposes of this Order there shall be excluded the value of a death gratuity payable under section 17(2) of the Judicial Pensions Act 1981(2) or payable to the personal representatives of a deceased civil servant by virtue of a scheme made under section 1 of the Superannuation Act 1972(3).

Application of fees

8.  All fees received by virtue of Schedule 1 shall, unless otherwise appropriated in aid, be paid into the Consolidated Fund.

Mackay of Clashfern, C.

Dated 11th March 1996

We concur,

Derek Conway

Simon Burns

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 14th March 1996