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Clarke & Son Blog​

Death Tax ruled unlawful

Nia Wharry,Wills & Estate Planning Partner & Member of Solicitors for the Elderly

– Further to our blog on March 30th about the Probate Fee Increase http://bit.ly/2nAaQSb, a parliamentary panel of experts has ruled that they are unlawful.

Nia says, “we are delighted to see the Select Committee has confirmed what was clear from the offset – the Government’s probate fee hikes are nothing more than a backdoor tax, and the MOJ has acted beyond its powers in enforcing these changes.”

“By proceeding with these fees, ministers point-blank ignored the views of almost every respondent involved in the consultation process. Since then, SFE has campaigned hard, alongside other organisations, to have these changes reviewed. Although it is unclear what this means for those currently applying for probate ahead of the deadline of 1st May, it seems likely there will be some sort of delay.”

“Our hope now is that the Government re-evaluates these fees, and at the very least, finds a fairer way of structuring them”.

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