The implementation of new fees for Grants of Probate has been thrown into doubt, following a report this week by a parliamentary committee.
Under Government plans, the current flat fee would be scrapped and instead charges would be based on the value of the estate, as we reported here in February.
However, following scrutiny of the proposals by the parliamentary joint committee on statutory instruments, there are questions over the Lord Chancellor’s power to impose the new fees. In doing so, it seems Liz Truss would be acting beyond her powers, as the proposals amount to a tax rather than a fee.
Constitutionally, there can be no taxation without the consent of parliament, and therefore the new fee structure will have to be considered by both Houses, which is due to happen after Easter. This is likely to cause a delay in the new fees coming into force, and may even lead to the proposals being scrapped altogether.
Check our website for further details over the coming weeks.
For more information on this and other matters please contact Laura Green at [email protected].com or 0118 952 7227.
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