Law Society accepts single probate fee principle, but decries increase

[THE Law Society of England and Wales has reacted with caution to the announcement by the Ministry of Justice (MoJ) that all users of the probate service will now pay a single, flat rate fee of £273 from 26 January. The previous fees were £155 for professional users and £215 for non-professional users.

The society acknowledges that a single fee is desirable, but challenges the need for an increase in times of hardship.

Its president I Stephanie Boyce commented: “We support the MoJ’s aim to make a simpler, more streamlined process for users of the probate service, and we understand funds are needed to help this change and development. However, we query why the UK government has decided to increase fees at this time, particularly as the probate service is still facing delays. In 2020 people had to wait 12 to 14 weeks on average to receive their grant. This is unacceptable, the service must be timely and allow executors to settle a loved one’s estate.”

The society reported that, in October, HM Courts & Tribunals Service (HMCTS) received 14,834 digital probate applications and 5,502 paper applications. That same month, 20,128 grants of probate were issued, and the timeliness for all applications was 9.3 weeks. I Stephanie Boyce added: “The government believes there’s no longer a justification for maintaining a lower fee for professional applicants, while a single probate fee will align with its managing public money principles: where the same fee should be charged for all users of the same service. “The MoJ acknowledges our key concerns that any increase should be reflected in new and tangible improvements to the service. It’s reassuring to see they’ve been making further advances to address these. They expect improvements to the service will remain consistent and will continue to progress in the future. We will be monitoring the situation closely for our members and their clients.

“We suggested users should be offered reimbursement for delays. The MoJ acknowledged this but did not confirm if it’s something they’ll incorporate. We will continue to speak with HMCTS at the monthly user group meetings, which have been in place since before the pandemic.” q

[ESTABLISHED IN 1990, NEDDI offers care and safety to donkeys – and to a lesser degree, ponies – in Britain and Europe who have suffered neglect, cruelty or maltreatment or who are at risk of such treatment.

In addition to rescuing such animals from undesirable situations, within the financial and practical constraints prevailing at the time, they work to try to change attitudes and to educate donkey owners into better practices. For example, since 2016 they have been assisting associates in Kenya to achieve those aims for the working animals there.

Since its establishment in Cornwall, NEDDI has operated a sanctuary specifically for distressed donkeys. In 2001 the sanctuary moved to just the other side of the channel, where the resident donkeys enjoy more space and pasture than would otherwise have been possible.

Its policy is to try to offer actual, hands-on help to the animals in need, and to restore them to the maximum possible degree of fitness. Once brought back to full health, new homes are sometimes sought for the fit animals.

Where full health cannot be achieved a safe home is offered to the donkey for the duration of its life.

NEDDI is a comparatively small organisation with limited resources, and relies heavily on support from animal-lovers. A bequest will enable more donkeys to be freed from pain and misery. q

[ALMOST 5 MILLION surgical patients are admitted to hospital every year in England alone, so choosing to leave the Royal College of Surgeons of England a gift in your will can have a direct impact on the future of surgery and in maintaining and supporting the enhancement of surgical care for patients.

Miss Phyllis Ann George FRCS (1925–2017) was a consultant general surgeon at the Royal Free Hospital in London and she was the first woman to be elected vice-president of RCS England. During her career, she recognised that surgery was a team effort and that, for best results, fully trained teams of theatre and ward nursing staff were as important as the surgeons themselves.

Miss George’s legacy for the educational training of surgeons echoes her commitment to the importance of teaching and her skill for it during her career. Her gift is supporting an e-learning project that takes the Future of Surgery team on a journey to explore the impact of technology on roles, the surgical team and the surgical environment.

Legacies can support any area of the college’s work; unrestricted contributions can be used wherever the need is greatest and many are in support of an individual project or surgical specialty. Ultimately, RCS England want to understand what their supporters would like their gift to achieve. To get in touch, you can email fundraising@rcseng.ac.uk or if you would like an informal chat, please call Nicola on 020 7869 6086. q