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Probate Tax Still in Commons under Brexit Heat Shield

May 4, 2019 By Richard Farrell

The proposal to impose a heavy tax on dying is still on the House of Commons calendar awaiting approval. Meanwhile the polemic over Brexit continues unabated.

The idea of increasing the cost of dying from £215 to as much as £6,000 could therefore become the new normal before the parliamentary debate begins.

This might have already happened had Brexit not pushed the draft Non-Contentious Probate (Fees) Order 2018 down the agenda.

However the government will need to get the notion through before the new Parliamentary session due in June to prevent it lapsing.

Regional Probate Centres Already Falling Under the Axe

The Law Society Gazette has reported the Ministry of Justice taking steps towards “closing down regional probate registries and moving the service under one roof”.

We hope this is not another stage down the road to replace personalised service with a bot, at least as far as people far away from the future hub are concerned.

The Law Society Gazette understands people in the 10 remaining regional centres have been “told of intentions to scale back their operations and eventually close down the sites”.

The Ministers involved apparently believe this will bring together shared expertise as they upgrade the courts and tribunals services.

President of Law Society of England and Wales Highly Critical

Christina Blacklaws, president has said “The government’s proposed increases to probate fees have been unpopular with both consumers and the legal profession since the very beginning”.

According to The Express she adds “The costs to the courts for granting probate do not change whether the estate is worth £50,000 or £2 million. “Making larger estates pay more is effectively just increasing the level of inheritance tax by stealth.

“It is inherently unfair to expect the bereaved to subsidise other parts of the courts and tribunal service, particularly in circumstances where they have no other option but to apply for probate. This is a tax on grief.”

Ministry of Justice Strongly Defends Tax on Grief

The Express cites a Ministry of Justice spokesperson responding to criticism as follows. “Our system will see thousands of bereaved families paying no probate fees at all – protecting an additional 25,000 estates each year.

“Fees are vital to the effective running of our courts and tribunals, ensuring access to justice and protecting vulnerable victims.

“The Fees Order will be made after and subject to an approval motion in the House of Commons.” It will come into force 21 days after the order is made.”

How the UK Stands to Lose a Collective Body of Knowledge

Generations of hands-on probate officials have developed a culture that works. Much of this was passed on through mentoring, and has helped bereaved people work through the process.

Last year the Judiciary hinted at the possibility of 6,500 jobs being lost according to the Law Society Gazette. Losing this body of knowledge will be irreversible.

The Judiciary will need some highly trained bots if it wishes to continue its proud tradition of citizens and service first.

Filed Under: Probate Valuation Tagged With: Christina blacklaws says probate fee increase unpopular, closing down of regional probate registries, Non-Contentious Probate (Fees) Order 2018, probate contents valuation, probate tax on hold during Brexit

Our House Clearance Services

We provide a full house clearance and property management solution:

  • We clear hoarded houses, regardless how big or how cluttered
  • We clear all types and sizes of property, irrespective of location, or access is restricted or where parking is difficult or not available.
  • We can help avoid water damage by draining the central heating system.
  • We can secure the property and change the locks.
  • We can reinstate the gardens and maintain them whilst the property is empty.
  • We can provide 24 hour security to eliminate the risk of squatting or unlawful occupation.

As well normal house clearances we specialise in clutter clearance and we can clear a hoarded house which may contain years of accumulated possessions, or which have abnormal amounts of general household items, sometimes as a result of compulsive hoarding syndrome.

Equally we can help to clear a property where the occupants were previously unwell and unable to care for themselves or their property which sometimes results in insanitary, dangerous or just plain unpleasant conditions.

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You have done an excellent job, given that you had very little time. Brenda and I do appreciate how much you have done and feel it is really kind of you... Read More

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I would firstly like to thank everyone at Avery associates for their hard work . We called Jeff after the sudden death of my father. He was a "hoarder... Read More

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We are very grateful to Jeff and his team for carrying out a clearance on a very cluttered relative’s house. He fitted in with our timeframe organising... Read More

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