Explanatory note

The Non-Contentious Probate Fees Order 2017 introduces a new regime of fees for non-contentious probate matters in the Principal Registry and district registries. It replaces the Non-Contentious Probate Fees Order 2004 (S.I. 2004/3120) (‘the 2004 Order’).

Under this Order, the fee payable for an application for a grant of probate or letters of representation or resealing of a grant is now to be determined by reference to a scale based on the assessed value of the estate. This replaces the flat fee of £155 (or £215 for a personal applicant) which was formerly payable in respect of estates valued in excess of £5,000. Article 3 provides the definition of “the assessed value of the estate”. Schedule 1 sets out the relevant scales and fees for such an application. It also prescribes the fees payable for other non-contentious probate matters, although those amounts have not been changed by this Order.

Articles 5 to 9 largely consolidate existing legislative provisions regarding refunds and remissions that were made in, or in relation to, the 2004 Order. Article 9 makes provision for the registrar to provide a partial refund in circumstances where an applicant withdraws their application before a grant is issued.

The Order removes fees for non-contentious probate matters from the general fee remissions scheme for court and tribunals (‘Help with Fees’) previously contained in Schedule 1A to the 2004 Order (which is to be revoked by Schedule 2 to this Order). Article 10 retains a power for the Lord Chancellor to remit fees in exceptional circumstances.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available at https://legislation.gov.uk.