HC Deb 29 March 1926 vol 193 cc1678-9W

asked the Chancellor of the Exchequer whether, seeing that on grants of probate and administration ad valorem fees are payable on personal property only, and, having regard to the fact that since 1898 the certificates on such grants comprise both real and personal estate, and to the provisions of the Administration of Estates Act, 1925, repealing the old statutes of distribution and substituting a new code of intestacy applicable to all properties alike, he will take steps to see that the whole property passing is taken into account in determining the amount of fees payable?


Thead valorem fees chargeable in the Probate Registry were fixed in the year 1874, when grants of probate and administration were made in respect of personal estate only, and the fee was stated to be" payable in respect of the personal estate." No alteration was made in 1898, when grants were first made, under the Land Transfer Act, in respect of real estate; nor was any change made in the Supreme Court of Judicature Consolidation Act, 1925. Under Section 213 (1) of the last mentioned Act, it would appear that the Lord Chancellor has power to abolish the existing fees, and to appoint the same scale of fees covering "the estate" instead of "the personal estate" of the deceased. There appears to be no sufficient reason for excluding real estate in calculating the ad valorem fee in grants of probate, administration with will, or simple administration.

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