The Non-Contentious Probate Fees (Amendment) Order 1989

Statutory Instruments

1989 No. 1140

SUPREME COURT OF ENGLAND AND WALES

FEES

The Non-Contentious Probate Fees (Amendment) Order 1989

Made

28th June 1989

Laid before Parliament

7th July 1989

Coming into force

1st August 1989

The Lord Chancellor, in exercise of the powers conferred on him by section 130 of the Supreme Court Act 1981(1), and with the concurrence of the Lord Chief Justice, the Master of the Rolls, the President of the Family Division, the Vice-Chancellor and the Treasury, hereby makes the following Order:

1.  This Order may be cited as the Non-Contentious Probate Fees (Amendment) Order 1989 and shall come into force on 1st August 1989.

2.  Paragraph 1(a) of the Schedule to the Non-Contentious Probate Fees Order 1981(2) shall be amended by the substitution for the words “2.50 per £1,000 or part thereof” with the figure “215.00”.

3.  For paragraph 1(b) of the Schedule to the Non-Contentious Probate Fees Order 1981 there shall be substituted the following sub-paragraph–

“(b) if the assessed value exceed £100,000 but does not exceed £200,000	300.00
and, for every additional £100,000 or part thereof, a further fee of	50.00”.

Mackay of Clashfern, C.

Dated 28th June 1989

We concur,

Lane, C.J.

Donaldson, M.R.

N. Browne-Wilkinson

Stephen Brown, P.

Dated 26th June 1989

We concur,

David Lightbown

Kenneth Carlisle

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 28th June 1989

Explanatory Note

(This note is not part of the Order)

This Order effects two changes. The first alters the basis of computation and is intended to produce the present level of revenue. The Order substitutes a flat fee of £215 for the ad valorem probate fee of £2.50 per £1,000 or part thereof in respect of estates with an assessed value exceeding £70,000 and not exceeding £100,000. The second change only effects a clarification. The Order inserts fixed fees of £300 in respect of estates with an assessed value exceeding £100,000 and not exceeding £200,000 and £50 for every additional £100,000 of assessed value or part thereof. These fees replace the present fees of £250 in respect of estates with an assessed value exceeding £100,000 and £50 for every additional £100,000 of assessed value or part thereof.

(1)

1981 c. 54.

(2)

S.I. 1981/861; the relevant amending instruments are S.I. 1983/1180 and 1987/1176.