Draft Non-Contentious Probate Fees Order 2017

Theresa Villiers Excerpts

Wednesday 19th April 2017 General Committees

[Mrs Theresa Villiers (Chipping Barnet) (Con)]

May I first give my profound apologies, Sir Alan, for arriving late and missing the first 30 seconds or so of the Minister’s speech?

I must say something about the concerns that my constituents have raised with me about these changes. The Minister made a coherent case and I recognise that there is a degree of fairness in asking people to contribute to the cost of the legal system they are using, but some of my constituents are anxious and concerned about the additional bill they will face on bereavement.

I suspect that the matter has been raised with me because I am an MP for a London constituency and London is where the higher fees are likely to have the most significant impact, because property prices in London have risen in recent years so more estates in Greater London are likely to be affected by the higher fees than those in other parts of the country. The reality is that people have worked hard and saved hard over many years to pay for their homes and there is concern about the imposition of a significant increase in fees suddenly and without a graduated approach. I would be grateful if the Minister will explain.

The Minister says that the measure reflects the cost to the legal system of carrying out probate, but that suggests that those with smaller estates should also pay some fee. Will he explain why, just because an estate is large, probate costs the legal system dramatically more money to process? If this is genuinely about meeting the costs incurred by taxpayers for running the legal system, I find it a little difficult to understand why there is such a dramatic difference between smaller and bigger estates. I hope he will say whether the Government have really reflected on how the measure will impact on people living in London and the south-east, including my Chipping Barnet constituency.