The Non-Contentious Probate Fees Order 1999

Made: 8th March 1999

Laid before Parliament: 11th March 1999

Coming into force: 26th April 1999

The Lord Chancellor, in exercise of the powers conferred on him by section 130 of the Supreme Court Act 1981¹, 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 under section 130(2) of the Supreme Court Act 1981, makes the following Order:

Citation and commencement

1

This Order may be cited as the Non-Contentious Probate Fees Order 1999 and shall come into force on 26th April 1999.

Interpretation

2

In this Order, unless the context otherwise requires–

• (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 a case in which, in accordance with arrangements made between the President of the Family Division and the Commissioners of Inland Revenue, or regulations made under section 256(1)(a) of the Inheritance Tax Act 1984² 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 value, as so 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 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 subregistry attached to it;

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

Fees to be taken

3

The fees set out in column 2 of Schedule 1 to this Order shall be taken in the principal registry and in each district registry in respect of the items described in column 1 in accordance with and subject to any directions specified in column 1.

Exclusion of certain death gratuities

4

In determining the value of any personal 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 1981³ or section 4(3) of the Judicial Pensions and Retirement Act 1993⁴, or payable to the personal representatives of a deceased civil servant by virtue of a scheme made under section 1 of the Superannuation Act 1972⁵.

Exemptions, reductions and remissions

5

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

• (2) 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 this Order shall not be taken in respect of those proceedings.

• (3) Where any application for a grant is withdrawn before the issue of a grant, a registrar may reduce or remit a fee.

• (4) Fee 7 shall not be taken where a search is made for research or similar purposes by permission of the President of the Family Division for a document over 100 years old filed in the principal registry or a district registry or another authorised place of deposit.

Revocations

6

The Orders specified in Schedule 2 shall be revoked, except as to any fee or other sum due or payable under those Orders before the commencement of this Order.

Schedule 1 — FEES TO BE TAKEN

Application for a grant

1

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

Personal application fee

2

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 value of the estate exceeds £5,000

Special applications

3

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

Caveats

4

For the entry or the extension of a caveat

Search

5

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)

Deposit of wills

6

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

Inspection

7

On inspection of any will or other document retained by the registry (in the presence of an officer of the registry)

Copy documents

8

On a request for a copy of any document whether or not provided as a certified copy:

• (a) for the first copy

Oaths

9

Except on a personal application for a grant for administering an oath,

9.1

for each deponent to each affidavit

9.2

for marking each exhibit

Determination of costs

10

For determining costs

Settling documents

11

For perusing and settling citations, advertisements, oaths, affidavits, or other documents, for each document settled

Schedule 2 — ORDERS REVOKED

Signed

Irvine of Lairg, C. — Dated 5th March 1999

We concur,

Bingham of Cornhill, C.J., — Woolf, M. R., — Stephen Brown, P., — Richard Scott, V.-C. — Dated 2nd March 1999

We concur,

Clive J.C. Betts — Bob Ainsworth — Two of the Lords Commissioners of Her Majesty’s Treasury — Dated 8th March 1999

Explanatory note

(This note is not part of the Order)

This Order revokes the Non-Contentious Probate Fees Order 1981 and replaces it by specifying new fees for non-contentious probate matters in the principal registry and district registries. A flat fee has been prescribed for the fee payable on application for a grant (fees 1 and 2) in place of scale fees payable under the 1981 Order. Most of the other fees have been increased.

The table of comparison below shows the comparison between the old fees and the new fees. The table also shows where new fees have been introduced.

Footnotes