The Non-Contentious Probate Fees (Amendment) Order 2014

Statutory Instruments

2014 No. 876 (L. 19)

Senior Courts Of England And Wales

The Non-Contentious Probate Fees (Amendment) Order 2014

Made

27th March 2014

Laid before Parliament

1st April 2014

Coming into force

22nd April 2014

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

In accordance with section 92(5) and (6) of that Act, 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 2014 and shall come into force on 22nd April 2014.

Amendment of the Non-Contentious Probate Fees Order 2004

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

(2) In column 2 (amount of fee) of the table in Schedule 1 (fees to be taken)—

(a) at fee 1 (application for a grant) for “£45” substitute “£155”;

(b) at fee 5 (search) for “£6” substitute “£10”;

(c) at fee 8(a) (first copy of a document) for “£6” substitute “£10”;

(d) at fee 8(b) (subsequent copies) for “£1” substitute “50p”;

(e) at fee 8(c) (copy of a document in electronic form) for “£6” substitute “£10”;

(f) at fee 9.1 (for each deponent to each affidavit) for “£6” substitute “£11”.

Signed by authority of the Lord Chancellor

Shailesh Vara

Parliamentary Under Secretary of State

Ministry of Justice

27th March 2014

We consent,

Sam Gyimah

Anne Milton

Two of the Lords Commissioners of Her Majesty’s Treasury

27th March 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Non-Contentious Probate Fees Order 2004 (S.I. 2004/3120).

It increases fees payable for non-contentious probate matters as set out in the Explanatory Memorandum, which is published at www.legislation.gov.uk.

A full impact assessment is also annexed to the Explanatory Memorandum.

(1)

2003 c.39. Section 92 was amended by sections 15(1) and 59, paragraphs 308 and 345 of Schedule 4 Part 1 and paragraph 4 of Schedule 11 Part 2 to the Constitutional Reform Act 2005 (c.4) and sections 17(5) and 17(6), paragraph 40(a) of Schedule 9 Part 2 and paragraphs 83 and 95 of Schedule 10 Part 2 to the Crime and Courts Act 2013 (c. 22).

(2)

S.I. 2004/3120. Schedule 1 was amended by S.I. 2011/588 and 2013/1408.