OpenLegislation

The Non-Contentious Probate Fees (Amendment) Order 2021 in Wales

S.I. 2021/1451 · Made 8 December 2021

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Senior Courts Of England And Wales

Made 8th December 2021

Laid before Parliament 16th December 2021

Coming into force 26th January 2022

The Lord Chancellor, with the consent of the Treasury, makes the following Order in exercise of the powers conferred by section 92(1) and (2) of the Courts Act 2003f1.

In accordance with section 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.

Annotations to the whole text

Footnotes

f1

2003 c. 39. Section 92 was amended by paragraph 345 of Schedule 4, and paragraph 4 of Schedule 11 to the Constitutional Reform Act 2005 (c. 4) and by paragraph 40(a) of Schedule 9 and paragraph 95 of Schedule 10 to the Crime and Courts Act 2013 (c. 22).

Contents

  1. 1Citation, commencement and extent
  2. 2Amendment of the Non-Contentious Probate Fees Order 2004
  3. Signature
  4. Explanatory note

1Citation, commencement and extent

(1)

This Order may be cited as the Non-Contentious Probate Fees (Amendment) Order 2021.

(2)

This Order comes into force on 26th January 2022.

(3)

This Order extends to England and Wales.

2Amendment of the Non-Contentious Probate Fees Order 2004

(1)

The table in Schedule 1 (fees to be taken) to the Non-Contentious Probate Fees Order 2004f1 is amended as follows.

(2)

In the entry for fee 1 (application for a grant), for the amount in column 2 substitute “£273”.

(3)

Omit the entry for fee 2 (personal application fee).

Signature

James Cartlidge

Parliamentary Under Secretary of State

Ministry of Justice

8th December 2021

We consent

Craig Whittaker

Rebecca Harris

Two of the Lords Commissioners of Her Majesty’s Treasury

3rd December 2021

Explanatory note

(This note is not part of the Order)

This Order amends the Non-Contentious Probate Fees Order 2004 (S.I. 2004/3120).

It increases the fee payable on the application for a grant of probate to £273 for all applicants and, accordingly, also deletes the personal application fee.

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 from the Ministry of Justice, 102 Petty France, London, SW1H 9AJ and is published with an Explanatory Memorandum alongside the instrument on https://legislation.gov.uk.