This Commons Library briefing paper considers the Government's previous proposals to reform probate fees by using a statutory power to charge fees set above cost recovery levels. These proposals have now been withdrawn

This Commons Library briefing paper considers the Government's previous proposals to reform probate fees by using a statutory power to charge fees set above cost recovery levels. These proposals have now been withdrawn

The Non-Contentious Probate (Fees) Order 2018 went through Committee at the beginning of the year but has still not been subject to a vote here. Given that the proposed increase, for no additional work, from £215 to potentially £6,000 has been described as an abuse of the Lord Chancellor’s fee-levying powers, has he had second thoughts and decided to reject this iniquitous proposal?

The Non-Contentious Probate (Fees) Order 2018 went through Committee at the beginning of the year but has still not been subject to a vote here. Given that the proposed increase, for no additional work, from £215 to potentially £6,000 has been described as an abuse of the Lord Chancellor’s fee-levying powers, has he had second thoughts and decided to reject this iniquitous proposal?

I think the Government will be responding to that in due course.

I think the Government will be responding to that in due course.

I thank the Leader of the House for the forthcoming business, and I wonder whether the portrait of Baroness Thatcher will be taken out of her room and put on display. Baroness Thatcher was a scientist, and we know that the science is right on climate change.

I thank the Leader...

I thank the Leader of the House for the forthcoming business, and I wonder whether the portrait of Baroness Thatcher will be taken out of her room and put on display. Baroness Thatcher was a scientist, and we know that the science is right on climate change.

I thank the Leader...

The hon. Lady has made some rather unpleasant insinuations and accusations, but I am sure those are a matter for her. I can absolutely assure her that none of her insinuations has any merit to it, and it is a great shame that she chooses to accuse individuals of making...

The hon. Lady has made some rather unpleasant insinuations and accusations, but I am sure those are a matter for her. I can absolutely assure her that none of her insinuations has any merit to it, and it is a great shame that she chooses to accuse individuals of making...

I thank the Leader of the House for the Opposition day debate—I was going to point out that it is 150 days since we last had one, so I thank her for that. Will she supply us with a new list of ministerial responsibilities, as there have been a number...

I thank the Leader of the House for the Opposition day debate—I was going to point out that it is 150 days since we last had one, so I thank her for that. Will she supply us with a new list of ministerial responsibilities, as there have been a number...

I thank the hon. Lady for her comments. I join her in wishing the Chairman of the Backbench Business Committee a very happy birthday for Easter Sunday. Yesterday, I had the huge pleasure of attending Privy Council at Windsor castle. I can tell the House that Her Majesty is in...

I thank the hon. Lady for her comments. I join her in wishing the Chairman of the Backbench Business Committee a very happy birthday for Easter Sunday. Yesterday, I had the huge pleasure of attending Privy Council at Windsor castle. I can tell the House that Her Majesty is in...

Motion to consider. Agreed to on division (9 to 8).

Motion to consider. Agreed to on division (9 to 8).

Moved by

Lord Marks of Henley-on-Thames

Moved by

Lord Marks of Henley-on-Thames

My Lords, I begin by declaring an interest in the subject of this debate, albeit a posthumous one. Ultimately, I will not be affected by the proposed changes, although my daughter and son will be. I ought perhaps also to refer to my interest as an unpaid consultant to the...

My Lords, I begin by declaring an interest in the subject of this debate, albeit a posthumous one. Ultimately, I will not be affected by the proposed changes, although my daughter and son will be. I ought perhaps also to refer to my interest as an unpaid consultant to the...

I declare my interests as set out in the register, particularly my having been a practising solicitor for more than 50 years. During that time I have dealt with many estates and made many applications to the probate registry. Looking around the Chamber, I see several of your Lordships who...

I declare my interests as set out in the register, particularly my having been a practising solicitor for more than 50 years. During that time I have dealt with many estates and made many applications to the probate registry. Looking around the Chamber, I see several of your Lordships who...

Does the noble Lord accept that under the Government’s own guidance this will in fact be a tax, and that taxes should be raised in primary legislation and debated properly in both Houses of Parliament?

Does the noble Lord accept that under the Government’s own guidance this will in fact be a tax, and that taxes should be raised in primary legislation and debated properly in both Houses of Parliament?

No doubt the Minister will give a more considered reply, but I certainly do not regard it as a tax, particularly as it is described as, and

actually is, an enhanced fee. I have to admit that I was troubled by the original proposal, but the Government have listened to...

No doubt the Minister will give a more considered reply, but I certainly do not regard it as a tax, particularly as it is described as, and

actually is, an enhanced fee. I have to admit that I was troubled by the original proposal, but the Government have listened to...

My Lords, I too declare an interest, as a solicitor. I have not practised for some time, so I will not hand out cards suggesting that colleagues consult my old firm. It was the suggestion about advances made by solicitors from their office accounts that consolidated my interest in this...

My Lords, I too declare an interest, as a solicitor. I have not practised for some time, so I will not hand out cards suggesting that colleagues consult my old firm. It was the suggestion about advances made by solicitors from their office accounts that consolidated my interest in this...

My Lords, I agree with much of what has been said this afternoon. In my mind, this enhanced fee is a death tax, and I should like to take this opportunity to shine a light on what, in practical terms, this will mean for a particular

group of people—the people...

My Lords, I agree with much of what has been said this afternoon. In my mind, this enhanced fee is a death tax, and I should like to take this opportunity to shine a light on what, in practical terms, this will mean for a particular

group of people—the people...

My Lords, there are two aspects to this debate. There is the suggestion that these regulations are unconstitutional, which the noble Lord, Lord Marks,

has argued, and there is the argument as to whether this is fair, the point made by the noble Baroness, Lady Browning, and the noble Lord,...

My Lords, there are two aspects to this debate. There is the suggestion that these regulations are unconstitutional, which the noble Lord, Lord Marks,

has argued, and there is the argument as to whether this is fair, the point made by the noble Baroness, Lady Browning, and the noble Lord,...

The noble Lord has construed parts of Section 180; I think he has got it in front of him because he has been reading from it. My question about Section 180(3)(b) was addressed to the Minister,

but the House respects the noble Lord and I wonder whether he has views...

The noble Lord has construed parts of Section 180; I think he has got it in front of him because he has been reading from it. My question about Section 180(3)(b) was addressed to the Minister,

but the House respects the noble Lord and I wonder whether he has views...

I am grateful to the noble Baroness for her observation. My answer to the noble Baroness is that, yes, the Lord Chancellor is obliged to have regard to,

“the competitiveness of the legal services market”,

but I understand that to apply only in a context where there is a competitive market. Of...

I am grateful to the noble Baroness for her observation. My answer to the noble Baroness is that, yes, the Lord Chancellor is obliged to have regard to,

“the competitiveness of the legal services market”,

but I understand that to apply only in a context where there is a competitive market. Of...

My Lords, I am not a lawyer. I have never applied for probate, I know nothing about the operation of the probate service and I come at this as a babe in the legal wood. But having read the paperwork that was put down and heard this afternoon’s discussion, I...

My Lords, I am not a lawyer. I have never applied for probate, I know nothing about the operation of the probate service and I come at this as a babe in the legal wood. But having read the paperwork that was put down and heard this afternoon’s discussion, I...

My Lords, I want to say just a little since the noble Lord, Lord Pannick, has dealt with the law and I happen to agree with him. As your Lordships all know, I frequently disagreed with him in

a previous existence. Whenever I did, he appealed to a higher court...

My Lords, I want to say just a little since the noble Lord, Lord Pannick, has dealt with the law and I happen to agree with him. As your Lordships all know, I frequently disagreed with him in

a previous existence. Whenever I did, he appealed to a higher court...