The Non-Contentious Probate Fees (Amendment) Order 2011

JurisdictionUK Non-devolved

2011 No. 588 (L. 4)

Senior Courts Of England And Wales

The Non-Contentious Probate Fees (Amendment) Order 2011

Made 28th February 2011

Laid before Parliament 2nd March 2011

Coming into force 4th April 2011

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 20031.

In accordance with sections 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
S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Non-Contentious Probate Fees (Amendment) Order 2011 and shall come into force on 4th April 2011.

Amendment of the Non-Contentious Probate Fees Order 2004

Amendment of the Non-Contentious Probate Fees Order 2004

S-2 The Non-Contentious Probate Fees Order 2004 is amended as...

2. The Non-Contentious Probate Fees Order 20042is amended as follows.

S-3 For Schedule 1 (which specifies the fees for non-contentious...

3. For Schedule 1 (which specifies the fees for non-contentious probate matters), substitute Schedule 1 (Fees to be taken) set out in the Schedule to this Order.

J Djanogly

Parliamentary Under Secretary of State

Ministry of Justice

22nd February 2011

Michael Fabricant

Brooks Newmark

Two of the Lords Commissioners of Her Majesty’s Treasury

28th February 2011

SCHEDULE

Article 3

SCHEDULE

SCHEDULE 1

Fees to be taken

Column 1

Number and description of fee

Column 2

Amount of fee

1 Application for a grant

On an application for a grant (or for resealing a grant) other than on an application to which fee 3 applies, where the assessed value of the estate exceeds £5,000.

£45

2 Personal application fee

Where the application under fee 1 is made by a personal applicant (not being an application to which fee 3 applies) fee 2 is payable in addition to fee 1 where the assessed value of the estate exceeds £5,000.

£60

3 Special applications

3.1 For a duplicate or second or subsequent grant (including one following a revoked grant) in respect of the same deceased person, other than a grant preceded only by a grant limited to settled land, to trust property, or to part of the estate.

£20

3.2 On an application for a grant relating to a death occurring on or after 20th March 2003 in respect of an estate exempt from inheritance tax by virtue of section 154 of the Inheritance Tax Act 19843 (exemption for members of the armed forces etc).

£10

4 Caveats

For the entry or the extension of a caveat.

£20

5 Search

On an application for a standing search to be carried out in an estate, for each period of six months including the issue of a copy grant and will, if any (irrespective of the number of pages).

£6

6 Deposit of wills

On depositing a will for safe custody in the principal registry or a district registry.

£20

7 Inspection

On inspection of...

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