The Non-Contentious Probate Fees (Amendment) Order 2000

• Citation: S.I. 2000/642
• Sections: 4

Section 1 Citation and commencement

This Order may be cited as the Non-Contentious Probate Fees (Amendment) Order 2000 and shall come into force on 25th April 2000.

Section 2 Interpretation

In this Order–

(a) “the 1999 Fees Order ” means the Non-Contentious Probate Fees Order 1999 ;

(b) an article referred to by number alone is a reference to the article so numbered in the 1999 Fees Order; and

(c) a fee or column referred to by number alone means the fee or column so numbered in Schedule 1 to the 1999 Fees Order.

Section 3 Amendments to the 1999 Fees Order

After paragraph (1) of article 5 there shall be inserted the following new paragraphs–

(1A) Subject to paragraph (1B), where a fee has been paid at a time–

(a) where the Lord Chancellor, if he had been aware of all the circumstances, would have reduced the fee under article 5(1), the amount by which the fee would have been reduced shall be refunded; and

(b) where the Lord Chancellor, if he had been aware of all the circumstances, would have remitted the fee under article 5(1), the fee shall be refunded.

(1B) No refund shall be made under paragraph (1A) unless the party who paid the fee applies within 6 months of paying the fee.

(1C) The Lord Chancellor may extend the period of 6 months referred to in paragraph (1B) if he considers that there is good reason for an application being made after the end of the period of 6 months.

Section 4 Amendments to the 1999 Fees Order

For the word “value” in column 1 in fee 1 and in fee 2 there shall be substituted the words “assessed value”.