Posted by Nicola Waldman | Partner
On 7th April 2017
The proposed increase in probate court fees may now be delayed, if not abandoned, after stumbling at their final hurdle. The parliamentary committee on statutory instruments have said that the Lord Chancellor might be “acting beyond the enabling powers…because she would, in substance, be imposing a tax on estates rather than prescribing probate fees”. As they said: “It is an important constitutional principle that there is no taxation without the consent of Parliament” and so the ball is now firmly back in the government’s court.