This Order may be cited as the Non-Contentious Probate Fees (Amendment) Order 2008 and shall come into force on 26th November 2008.

The Non-Contentious Probate Fees Order 2004 is amended as follows.

In Schedule 1, in fee 10, in column 2, for “2004” substitute “2008”.

In sub-paragraph 1(1) of Schedule 1A, in the definition of “party”, for “the party” substitute “the individual”.

In sub-paragraph 3(3) of Schedule 1A—

(1)    in paragraph (a), for “£279” substitute “£296”;

(2)    in paragraph (b), for “£198” substitute “£228”; and

(3)    in paragraph (c), for “£142” substitute “£150”.

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

4th November 2008

We consent,

Tony Cunningham

Steve McCabe

Two of the Lords Commissioners of Her Majesty's Treasury

4th November 2008

This Order amends the Non-Contentious Probate Fees Order 2004 as follows:

(a)    in fee 10, the reference to the Civil Proceedings Fees Order 2004 is updated to refer to the Civil Proceedings Fees Order 2008;

(b)    amends the definition of “party” in Schedule 1A, so that it refers to “individual” rather than “party”, in order that fee remissions do not apply to companies, partnerships or charities; and

(c)    the fixed deductions in sub-paragraph 3(3) of Schedule 1A are updated so that they are consistent with the fixed allowances other court fee orders.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.