The Non-Contentious Probate Fees (Amendment) Order 2011

Made: 28th February 2011

Laid before Parliament: 2nd March 2011

Coming into force: 4th April 2011

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

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

2

The Non-Contentious Probate Fees Order 2004[^f00002] is amended as follows.

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.

SCHEDULE

Signed

Signed by authority of the Lord Chancellor

J Djanogly — Parliamentary Under Secretary of State — Ministry of Justice — 22nd February 2011

We consent,

Michael Fabricant — Brooks Newmark — Two of the Lords Commissioners of Her Majesty’s Treasury — 28th February 2011

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order provides for the increase of certain fees payable in non-contentious probate matters in the principal registry and district registries. For convenience this Order replaces the entire schedule of fees payable in non-contentious probate matters in the principal registry and district registries. Where a fee has been increased it has been increased by the cumulative rate of Consumer Price Index inflation since that fee was last increased.

The original fees and the rates of inflation since the last fee increase are detailed in the Explanatory Memorandum which is published on the website of the Office of Public Sector Information along with a full impact assessment which was prepared for this Order.

Footnotes

[^f00001]: 2003 c.39. Section 92 was amended by section 59 and paragraphs 308 and 345 of Schedule 4 Part I to the Constitutional Reform Act 2005 (c.4).

[^f00002]: S.I. 2004/3120 as amended by section 50(1) of the Commissioners for Revenue and Customs Act 2005 (c.11), S.I. 2007/2174, S.I. 2008/2854 and S.I. 2009/1497.

[^f00003]: 1984 c.51.