Statutory Instruments

2004 No. 3120 (L. 22)

SUPREME COURT OF ENGLAND AND WALES

The Non-Contentious Probate Fees Order 2004

Made

25th November 2004

Laid before Parliament

30th November 2004

Coming into force

4th January 2005

The Lord Chancellor, in exercise of the powers conferred upon him by sections 92 and 108(6) of the Courts Act 2003(1), and section 128 of the Finance Act 1990(2) with the consent of the Treasury under section 92(1) of the Courts Act 2003 and after consultation with the Lord Chief Justice, the Master of the Rolls, the President of the Family Division, the Vice-Chancellor, the Head of Civil Justice and the Deputy Head of Civil Justice and the Civil Justice Council under section 92(5) and (6) of the Courts Act 2003, hereby makes the following Order:

Citation, commencement and interpretation_I1

1.—(1) This Order may be cited as the Non-Contentious Probate Fees Order 2004 and shall come into force on the 4th January 2005.

(2) In this Order—

(a)a fee referred to by number means the fee so numbered in Schedule 1 to this Order;

(b) “assessed value” means the value of the net real and personal estate (excluding settled land if any) passing under the grant as shown—

(i)in the Inland Revenue affidavit (for a death occurring before 13th March 1975), or

(ii)in the Inland Revenue account (for a death occurring on or after 13th March 1975), or

(iii)in the case in which, in accordance with arrangements made between the President of the Family Division and the Commissioners of the Inland Revenue, or regulations made under section 256(1)(a) of the Inheritance Tax Act 1984(3) and from time to time in force, no such affidavit or account is required to be delivered, in the oath which is sworn to lead to the grant,

and in the case of an application to reseal means the value, as shown, passing under the grant upon its being resealed;

(c) “authorised place of deposit” means any place in which, by virtue of a direction given under section 124 of the Supreme Court Act 1981 ( 4 ) original wills and other documents under the control of the High Court (either in the principal registry or in any district registry) are deposited and preserved;

(d) “grant” means a grant of probate or letters of administration;

(e) “district registry” includes the probate registry of Wales, any district probate registry and any sub-registry attached to it;

(f) “the principal registry” means the Principal Registry of the Family Division and any sub-registry attached to it.

Fees to be taken_I2

2. The fees set out in column 2 of Schedule 1 to this Order shall be taken in the principal registry and in each district registry in respect of the items described in column 1 in accordance with and subject to any directions specified in column 1.

Exclusion of certain death gratuities_I3

3. In determining the value of any personal estate for the purposes of this Order there shall be excluded the value of a death gratuity payable under section 17(2) of the Judicial Pensions Act 1981(5) or section 4(3) of the Judicial Pensions and Retirement Act 1993(6), or payable to the personal representatives of a deceased civil servant by virtue of a scheme made under section 1 of the Superannuation Act 1972(7).

[^F1Remission of fees

4. Schedule 1A applies for the purpose of ascertaining whether a party is entitled to a remission or part remission of a fee prescribed by this Order.^F1]

^F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

_I4

6.—(1) Where by any convention entered into by Her Majesty with any foreign power it is provided that no fee shall be required to be paid in respect of any proceedings, the fees specified in this Order shall not be taken in respect of those proceedings.

(2) Where any application for a grant is withdrawn before the issue of a grant, a registrar may reduce or remit a fee.

^F3(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Special exemption—Armed Forces

^F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F5Special exemption – emergency service personnel and armed forces

7A. No fee is payable on an application for a grant relating to an estate where reliefs apply under one of the following sections of the Inheritance Tax Act 1984(7)—

(a)section 153A (death of emergency service personnel etc.);

(b)section 154 (death on active service, etc.);

(c)section 155A (death of constables and service personnel targeted because of their status).^F5]

Revocation_I5

8. The Order specified in Schedule 2 in so far as it was made under section 128 of the Finance Act 1990 shall be revoked.

Falconer of Thoroton, C

Dated 22nd November 2004

We consent,

John Heppell

Nick Ainger

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 25th November 2004

Article 2

[^F6SCHEDULE 1 Fees to be taken

Column 1 Number and description of fee	Column 2 Amount of fee
1 Application for a grant On an application for a grant (or for resealing a grant) other than on an application to which fee 3 applies, where the assessed value of the estate exceeds £5,000.	[^F7 £526^F7]
^F8 ...	^F8 . . .
3 Special applications 3.1 For a duplicate or second or subsequent grant (including one following a revoked grant) in respect of the same deceased person, other than a grant preceded only by a grant limited to settled land, to trust property, or to part of the estate.	[^F9 £22^F9]
^F10 . . .	^F10 . . .
4 Caveats For the entry or the extension of a caveat.	[^F11 £4^F11]
5 Search On an application for a standing search to be carried out in an estate, for each period of six months including the issue of a copy grant and will, if any (irrespective of the number of pages).	[^F12 £4^F12]
6 Deposit of wills On depositing a will for safe custody in the principal registry or a district registry.	[^F13 £24^F13]
7 Inspection On inspection of any will or other document retained by the registry (in the presence of an officer of the registry).	[^F14 £24^F14]
[^F15 8 Copy documents On a request for—
[^F16 (a) a copy of a document of a specific individual named in the request—
(i) where the request accompanies an application to which fee 1 or 3.1 applies;	£2 (for each copy provided, whether or not as a sealed or certified copy)
(ii) in any other case;	£16 (for each copy provided, whether or not as a sealed or certified copy)^F16]
(b) copies of documents of individuals not named in the request, where the copies are made available in electronic form.	£1.50 (for each copy made available, whether or not as a certified copy)^F15]
^F17 . . .	^F17 . . .
^F18 . . .	^F18 . . .
10 Determination of costs For determining costs.	The same fees as are payable from time to time for determining costs under the Civil Proceedings Fees Order 2008, (the relevant fees are set out in fee 5 in Schedule 1 to that Order)
11 Settling documents For perusing and settling citations, advertisements, oaths, affidavits, or other documents, for each document settled.	[^F19 £5^F19^,^F6]]

Article 4

[^F20SCHEDULE 1A Remissions and Part Remissions

Interpretation

1.—(1) In this Schedule—

“child” means a person—

(a)

whose main residence is with a party and who is aged—

(i)

under 16 years; or

(ii)

16 to 19 years; and is—

(aa)

not married or in a civil partnership; and

(bb)

enrolled or accepted in full-time education that is not advanced education, or approved training; or

(b)

in respect of whom a party or their partner pays child support maintenance or periodic payments in accordance with a maintenance agreement,

and “full-time education”, “advanced education” and “approved training” have the meaning given by the Child Benefit (General) Regulations 2006 ;

“child support maintenance” has the meaning given in section 3(6) of the Child Support Act 1991 ;

“couple” has the meaning given in section 3(5A) of the Tax Credits Act 2002 ;

“disposable capital” has the meaning given in paragraph 5;

[^F21 “excluded benefits” means any of the following—

(a)

any of the following benefits payable under the Social Security Contributions and Benefits Act 1992 or the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 1992—

(i)

attendance allowance under section 64;

(ii)

severe disablement allowance;

(iii)

carer’s allowance;

(iv)

disability living allowance;

(v)

constant attendance allowance under section 104 as an increase to a disablement pension;

(vi)

any payment made out of the social fund;

(vii)

housing benefit;

(viii)

^F22 ...

(b)

any of the following benefit payable under the Tax Credits Act 2002—

(i)

any disabled child element or severely disabled child element of the child tax credit;

(ii)

any childcare element [^F23 , disabled element or severely disabled element^F23] of the working tax credit;

(c)

any direct payment made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009, ^F24... the Carers and Direct Payments Act (Northern Ireland) 2002, ^F25... section 12B(1) of the Social Work (Scotland) Act 1968 [^F26 or under regulations made under sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014^F26] ;

(d)

^F27 ...

(e)

any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983;

(f)

any payments from the Industrial Injuries Disablement Benefit;

(g)

any pension paid under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pension Order 2006;

(h)

any payment made from the Independent Living Funds;

(i)

[^F28 any payment of bereavement support payment under section 30 of the Pensions Act 2014;^F28]

(j)

any financial support paid under an agreement for the care of a foster child;

(k)

any housing credit element of pension credit;

(l)

any armed forces independence payment;

(m)

any personal independence payment payable under the Welfare Reform Act 2012;

(n)

any payment on account of benefit as defined in the Social Security (Payments on Account of Benefit) Regulations 2013;

(o)

any of the following amounts, as defined by the Universal Credit Regulations 2013, that make up an award of universal credit—

(i)

an additional amount to the child element in respect of a disabled child;

(ii)

a housing costs element;

(iii)

a childcare costs element;

(iv)

a carer element;

(v)

a limited capability for work or limited capacity for work and work -related activity element.^F21]

“family help (higher)” has the meaning given in paragraph 15(3) of the Civil Legal Aid (Merits Criteria) Regulations 2013 ;

“family help (lower)” has the meaning given in paragraph 15(2) of the Civil Legal Aid (Merits Criteria) Regulations 2013 ;

“gross monthly income” has the meaning given in paragraph 13;

“Independent Living Funds” means the funds listed at regulation 20(2)(b) of the Criminal Legal Aid (Financial Resources) Regulations 2013 ;

“legal representation” has the meaning given in paragraph 18(2) of the Civil Legal Aid (Merits Criteria) Regulations 2013 ;

“maintenance agreement” has the meaning given in subsection 9(1) of the Child Support Act 1991 ;

“partner” means a person with whom the party lives as a couple and includes a person with whom the party is not currently living but from whom the party is not living separate and apart;

“party” means the individual who would, but for this Schedule, be liable to pay a fee under this Order;

“restraint order” means—

(a)

an order under section 42(1A) of the Senior Courts Act 1981;

(b)

an order under section 33 of the Employment Tribunals Act 1996;

(c)

a civil restraint order made under rule 3.11 of the Civil Procedure Rules 1998, or a practice direction made under that rule; or

(d)

a civil restraint order under rule 4.8 of the Family Procedure Rules 2010, or the practice direction referred to in that rule.

(2) References to remission of a fee are to be read as including references to a part remission of a fee as appropriate and remit and remitted shall be construed accordingly.

Fee remission

2. If a party satisfies the disposable capital test, the amount of any fee remission is calculated by applying the gross monthly income test.

Disposable capital test

[^F29Disposable capital test

3. Subject to paragraph 4, a party satisfies the disposable capital test if the fee payable by the party and for which an application for remission is made is—

(a)up to and including £1,420 and the party’s disposable capital is less than £4,250;

(b)£1,421 to £5,000 and the party’s disposal capital is less than three times the amount of the fee payable;

(c)£5,001 or more and the party’s disposable capital is less than £16,000.^F29]

[^F30Disposable capital test - deeming provisions for those aged 66 or over^F30]

4. Subject to paragraph 14, if a party or their partner is aged [^F31 66^F31] or over, that party satisfies the disposable capital test if that party’s disposable capital is less than £16,000.

Disposable capital

5.—(1) Subject to paragraph 14, disposable capital is the value of [^F33 any savings and investments^F33] belonging to the party on the date on which the application for remission is made, unless it is treated as income by this Order, or it is disregarded as excluded disposable capital.

[^F34 (2) In sub-paragraph (1), reference to “ savings and investments ” includes, but is not limited to—

(a)bonds;

(b)stocks and shares; and

(c)the value of any land or property.^F34]

Disposable capital - non-money resources

6. The value of [^F35 any savings and investments that do^F35] not consist of money is calculated as the amount which that resource would realise if sold, less—

(a)10% of the sale value; and

(b)the amount of any borrowing secured against that resource that would be repayable on sale.

[^F36Disposable Capital - resources held outside the United Kingdom

7.—(1) Capital resources in a country outside the United Kingdom count towards disposable capital.

(2) If there is no prohibition in that country against the transfer of a resource into the United Kingdom, the value of that resource is the amount that resource would realise if sold to a buyer in the United Kingdom.

(3) If there is a prohibition in that country against the transfer of a resource into the United Kingdom, the value of that resource is the amount which that resource would realise if sold in that country, in accordance with paragraph 6.^F36]

Disposable capital - foreign currency resources

8. Where disposable capital is held in currency other than sterling, the cost of any banking charge or commission that would be payable if that amount were converted into sterling, is deducted from its value.

Disposable capital - jointly owned resources

9. Where any [^F37 savings and investments are^F37] owned jointly or in common, there is a presumption that the resource is owned in equal shares, unless evidence to the contrary is produced.

Excluded disposable capital

10. The following things are excluded disposable capital—

(a)a property which is the main or only dwelling occupied by the party;

^F38(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F39(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)any vehicle, the sale of which would leave the party, or their partner, without motor transport;

^F40(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)the capital value of the party’s or their partner’s business, where the party or their partner is self-employed;

(g)the capital value of any funds or other assets held in trust, where the party or their partner is a beneficiary without entitlement to advances of any trust capital;

(h)a jobseeker’s back to work bonus;

(i)a payment made as a result of a determination of unfair dismissal by a court or tribunal, or by way of settlement of a claim for unfair dismissal;

(j)any compensation paid as a result of a determination of medical negligence or in respect of any personal injury by a court, or by way of settlement of a claim for medical negligence or personal injury;

(k)the capital held in any personal or occupational pension scheme;

(l)any cash value payable on surrender of a contract of insurance;

(m)any capital payment made out of the Independent Living Funds;

[^F41 (n)any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017 (rate of bereavement support payment);^F41]

(o)any capital insurance or endowment lump sum payments that have been paid as a result of illness, disability or death;

(p)any student loan or student grant;

(q)any payments under the criminal injuries compensation scheme;

[^F42 (r)any payments under the Armed Forces Compensation Scheme;

(s)any compensation paid as a result of the Grenfell Tower fire;

(t)any payments under the Lambeth Children’s Homes Redress Scheme;

(u)any payments from the London Emergencies Trust;

(v)any payments under the Medomsley Detention Centre Physical Abuse Settlement Scheme;

(w)any payments under the Miscarriage of Justice Compensation Scheme;

(x)any payments from the National Emergencies Trust;

(y)any payments under the Infected Blood Support Scheme;

(z)any payments in relation to internment, forced labour, injury or loss of a child during the Second World War;

(za)any payments under the Jesus Fellowship Redress Scheme;

(zb)any payment under the Vaccine Damage Payment Scheme;

(zc)any compensation paid as a result of variant Creutzfeldt-Jakob Disease;

(zd)any compensation paid under the Victims of Overseas Terrorism Compensation Scheme;

(ze)any payments under the We Love Manchester Emergency Fund; and

(zf)any compensation paid under the Windrush Compensation Scheme (Expenditure) Act 2020.^F42]

[^F43Remission of fees - gross monthly income

Remission of fees—gross monthly income

11.—(1) Subject to paragraphs 11A and 12, if a party satisfies the disposable capital test, no fee is payable under this Order if, at the time when the fee would otherwise be payable, the party’s gross monthly income does not exceed the applicable threshold.

(2) The applicable threshold is—

(a)£1,420, for a party that is single and has no children;

(b)£2,130, for a party that is part of a couple and has no children; or

(c)as otherwise calculated in accordance with sub-paragraph (3).

(3) Where this sub-paragraph applies, the applicable threshold is determined by taking the following steps—

Step 1Identify the number of children aged 13 or below and multiply this number by £425.

Step 2Identify the number of children aged 14 or over and multiply this number by £710.

Step 3Add together the amounts calculated at Step 1 and Step 2.

Step 4Add £1,420 to the amount calculated at Step 3.

The result is the applicable threshold for a party that is single and has children.

Step 5If a party is part of a couple, take this additional step.

Add £710 to the amount calculated at Step 4.

The result is the applicable threshold for a party that is part of a couple and has children.

(4) Subject to sub-paragraph (6), if a party’s gross monthly income exceeds the applicable threshold, that party must pay an amount towards the fee payable to which the application for remission relates, which is determined in accordance with sub-paragraph (5).

(5) Where this sub-paragraph applies, the amount payable is determined as follows—

Step 1Deduct the applicable threshold from the party’s gross monthly income.

The amount calculated is the “excess income”.

Step 2Apply the rates specified in the second column of the Table to the parts of the party’s excess income specified in the corresponding row of the first column.

Step 3Add together the amounts calculated at Step 2 (if there are two or more such amounts).

Subject to sub-paragraph (6), the result is the amount payable.

Table

Part of excess income	Rate
Up to and including £1,000	50%
£1,001 to £2,000	70%
£2,001 to £3,000	90%

(6) No party is required to pay an amount that is more than the fee payable for which the application for remission has been made, if no remission had been granted.^F43]

[^F44Gross monthly income— passporting benefits

11A.—(1) If a party satisfies the disposable capital test, no fee is payable under this Order if, at the time when the fee would otherwise be payable, the party is in receipt of any passporting benefits.

(2) The following are passporting benefits—

(a)income-based Jobseeker’s Allowance;

(b)income-related Employment and Support Allowance;

(c)income support;

(d)pension credit (Guarantee Credit); and

(e)universal credit with additional gross annual earnings of less than £6,000.^F44]

[^F45Gross monthly income cap

12. No remission is available if a party’s gross monthly income exceeds the applicable threshold determined in accordance with paragraph 11(2), plus the sum of £3,000.^F45]

[^F46Gross monthly income

13. —(1) Subject to paragraph 14, “ gross monthly income ” means the total sum of—

(a)the lower of—

(i)the gross amount that has been earned by the party in the month immediately preceding that in which the application for remission is made; or

(ii)the average of the gross amount that has been earned by the party in the three months immediately preceding that in which the application for remission is made, and

(b)the gross amount received by the party from any other source in the month immediately preceding that in which the application for remission is made, other than receipt of any of the excluded benefits.

(2) For the purposes of sub-paragraph (1), earnings from a trade, business or gainful occupation other than an occupation at a wage or salary are calculated as the lower of—

(a)the party’s net profits for the month preceding that in which the application for remission is made; or

(b)the average of the party’s net profits for the three months preceding that in which the application for remission is made.

(3) In sub-paragraph (2), “ net profits ” means the profits which have accrued to the party less all sums necessarily expended to earn those profits. ^F46]

General

Resources and income treated as the party’s resources and income

14.—(1) Subject to sub-paragraph (2), the disposable capital and gross monthly income of a partner of a party is to be treated as disposable capital and gross monthly income of the party.

(2) Where the partner of a party has a contrary interest to the party in the matter to which the fee relates, the disposable capital and gross monthly income of that partner, if any, is not treated as the disposable capital and gross monthly income of the party.

Application for remission of a fee

15.—(1) An application for remission of a fee must be made at the time when the fee would otherwise be payable.

(2) Where an application for remission of a fee is made, the party must—

(a)indicate the fee to which the application relates;

(b)declare the amount of their disposable capital; and

(c)provide documentary evidence of their gross monthly income and the number of children relevant for the purposes of [^F47 paragraph 11^F47] .

(3) Where an application for remission of a fee is made on ^F48... the date on which a fee is payable, the date for payment of the fee is disapplied.

(4) Where an application for remission is refused, or if part remission of a fee is granted, the amount of the fee which remains unremitted must be paid within the period notified in writing to the party.

[^F49 (5) The Lord Chancellor may by written notice request such additional information or evidence as is required to assess the party’s entitlement to fee remission under this Order, and the period specified by such notice must not be less than 7 days, beginning with the day after the date on which the notice is sent.

(6) An application for remission of a fee may be treated as abandoned and no further action taken, if a party fails to provide the information requested under sub-paragraph (5) within the period specified by that notice, or such other extended period as may be agreed in writing at the Lord Chancellor’s discretion.^F49]

Remission in exceptional circumstances

16. A fee specified in this Order may be remitted where the Lord Chancellor is satisfied that there are exceptional circumstances which justify doing so.

Refunds

17.—(1) Subject to sub-paragraph (3), where a party pays a fee at a time when that party would have been entitled to a remission if they had provided the documentary evidence required by paragraph 15, the fee, or the amount by which the fee would have been reduced as the case may be, must be refunded if documentary evidence relating to the time when the fee became payable is provided at a later date.

(2) Subject to sub-paragraph (3), where a fee has been paid at a time when the Lord Chancellor, if all the circumstances had been known, would have remitted the fee under [^F50 paragraph 16^F50] , the fee or the amount by which the fee would have been reduced, as the case may be, must be refunded to the party.

(3) No refund shall be made under this paragraph unless the party who paid the fee applies within 3 months of the date on which the fee was paid.

(4) The Lord Chancellor may extend the period of 3 months mentioned in sub-paragraph (3) if the Lord Chancellor considers that there is a good reason for a refund being made after the end of the period of 3 months.

Legal Aid

18. A party is not entitled to a fee remission if, under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, they are in receipt of the following civil legal services —

(a)Legal representation; or

(b)Family help (higher); or

(c)Family help (lower) in respect of applying for a consent order.

Vexatious litigants

19.—(1) This paragraph applies where—

(a)a restraint order is in force against a party; and

(b)that party makes an application for permission to—

(i)issue proceedings or take a step in proceedings as required by the restraint order;

(ii)apply for amendment or discharge of the order; or

(iii)appeal the order.

(2) The fee prescribed by this Order for the application is payable in full.

(3) If the party is granted permission, they are to be refunded the difference between—

(a)the fee paid; and

(b)the fee that would have been payable if this Schedule had been applied without reference to this paragraph.

Exceptions

20. No remissions or refunds are available in respect of the fee payable for—

(a)copy or duplicate documents;

(b)searches.^F20]

Article 8

SCHEDULE 2 ORDER REVOKED _I6

Title	Reference
The Non-Contentious Probate Fees (Amendment) Order 2000	S.I.2000/642

(1)

(2)

(3)

(4)

(5)

(6)

(7)

in force	Provision is in force
in force*	In force only for specified purposes (for detail about the purposes see/hover footnote)
not in force	Not in force in England (may be in force in other geographies, see footnotes)
italics	Defined term
_dfn	Defined term (alternative style)
gry bckgrd	the in-force status of the provision is complex, check the footnotes

footnote	commentary	related provisions	insert/omit
F1	Arts. 4, 5 substituted (1.10.2007) by The Non-Contentious Probate Fees (Amendment) Order 2007 (S.I. 2007/2174), arts. 1, 3		substituted
F2	Art. 5 omitted (7.10.2013) by The Courts and Tribunals Fee Remissions Order 2013 (S.I. 2013/2302), arts. 1, 3(3) (with art. 13)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
F3	Art. 6(3) omitted (1.5.2024) by virtue of The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024 (S.I. 2024/476), arts. 1(1), 3(2)		omitted
F4	Art. 7 omitted (1.5.2024) by virtue of The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024 (S.I. 2024/476), arts. 1(1), 3(3)		omitted
F5	Art. 7A inserted (17.11.2025) by The Court and Public Guardian Fees (Miscellaneous Amendments) Order 2025 (S.I. 2025/1126), arts. 2(1), 3(2)		inserted
F6	Sch. 1 substituted (4.4.2011) by The Non-Contentious Probate Fees (Amendment) Order 2011 (S.I. 2011/588), art. 1, Sch.		substituted
F7	Sum in Sch. 1 substituted (13.7.2026) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (S.I. 2026/642), arts. 1(2), 3(2)(a) (as amended by S.I. 2026/665, arts. 1(2), 2)		substituted
F8	Words in Sch. 1 Table omitted (26.1.2022) by virtue of The Non-Contentious Probate Fees (Amendment) Order 2021 (S.I. 2021/1451), arts. 1(2), 2(3)		omitted
F9	Sum in Sch. 1 substituted (13.7.2026) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (S.I. 2026/642), arts. 1(2), 3(2)(b) (as amended by S.I. 2026/665, arts. 1(2), 2)		substituted
F10	Words in Sch. 1 Table omitted (8.4.2025) by virtue of The Court and Tribunal Fees (Miscellaneous Amendments) Order 2025 (S.I. 2025/351), arts. 1(1), 2(a)		omitted
F11	Sum in Sch. 1 substituted (13.7.2026) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (S.I. 2026/642), arts. 1(2), 3(2)(c) (as amended by S.I. 2026/665, arts. 1(2), 2)		substituted
F12	Sum in Sch. 1 substituted (13.7.2026) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (S.I. 2026/642), arts. 1(2), 3(2)(d) (as amended by S.I. 2026/665, arts. 1(2), 2)		substituted
F13	Sum in Sch. 1 substituted (13.7.2026) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (S.I. 2026/642), arts. 1(2), 3(2)(e) (as amended by S.I. 2026/665, arts. 1(2), 2)		substituted
F14	Sum in Sch. 1 substituted (13.7.2026) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (S.I. 2026/642), arts. 1(2), 3(2)(f) (as amended by S.I. 2026/665, arts. 1(2), 2)		substituted
F15	Words in Sch. 1 substituted (17.11.2025) by The Court and Public Guardian Fees (Miscellaneous Amendments) Order 2025 (S.I. 2025/1126), arts. 2(1), 3(3)		substituted
F16	Words in Sch. 1 substituted (13.7.2026) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (S.I. 2026/642), arts. 1(2), 3(2)(g) (as amended by S.I. 2026/665, arts. 1(2), 2)		substituted
F17	Words in Sch. 1 Table omitted (3.8.2020) by virtue of The Court Fees (Miscellaneous Amendments) Order 2020 (S.I. 2020/720), arts. 1, 2(4)(b)		omitted
F18	Words in Sch. 1 Table omitted (8.4.2025) by virtue of The Court and Tribunal Fees (Miscellaneous Amendments) Order 2025 (S.I. 2025/351), arts. 1(1), 2(b)		omitted
F19	Sum in Sch. 1 Table substituted (8.4.2025) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2025 (S.I. 2025/351), art. 1(1), Sch. 1		substituted
F20	Sch. 1A substituted (7.10.2013) by The Courts and Tribunals Fee Remissions Order 2013 (S.I. 2013/2302), arts. 1, 3(2) (with art. 13)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F21	Words in Sch. 1A para. 1(1) substituted (6.4.2014) by The Courts and Tribunals Fees (Miscellaneous Amendments) Order 2014 (S.I. 2014/590), arts. 1, 6		substituted
F22	Words in Sch. 1A para. 1(1) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(2)(a) (with art. 6)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
F23	Word in Sch. 1A para. 1(1) inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(2)(b) (with art. 6)	this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted
F24	Words in Sch. 1A para. 1(1) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 189(a)		omitted
F25	Word in Sch. 1A para. 1(1) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 189(b)		omitted
F26	Words in Sch. 1A para. 1(1) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 189(c)		inserted
F27	Words in Sch. 1A para. 1(1) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(2)(c) (with art. 6)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
F28	Words in Sch. 1A para. 1(1) substituted (6.4.2017) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 23(a) (with arts. 2, 3); S.I. 2017/297, art. 3(1)(b)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F29	Sch. 1A para. 3 substituted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(3) (with art. 6)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F30	Sch. 1A para. 4 heading inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(4)(a) (with art. 6)	this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted
F31	Word in Sch. 1A para. 4 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(4)(b) (with art. 6)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F32	Sch. 1A para. 5 renumbered as Sch. 1A para. 5(1) (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(5)(a) (with art. 6)	this amendment (text renumbered) should be read in conjunction with other related provisions, see the commentary.	renumbered
F33	Words in Sch. 1A para. 5(1) substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(5)(b) (with art. 6)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F34	Sch. 1A para. 5(2) inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(5)(c) (with art. 6)	this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted
F35	Words in Sch. 1A para. 6 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(6) (with art. 6)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F36	Sch. 1A para. 7 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(7) (with art. 6)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F37	Words in Sch. 1A para. 9 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(8) (with art. 6)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F38	Sch. 1A para. 10(b) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(9)(a) (with art. 6)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
F39	Sch. 1A para. 10(c) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(9)(a) (with art. 6)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
F40	Sch. 1A para. 10(e) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(9)(a) (with art. 6)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
F41	Sch. 1A para. 10(n) substituted (6.4.2017) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 23(b) (with arts. 2, 3); S.I. 2017/297, art. 3(1)(b)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F42	Sch. 1A para. 10(r)-(zf) inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(9)(b) (with art. 6)	this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted
F43	Sch. 1A para. 11 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(10) (with art. 6)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F44	Sch. 1A para. 11A inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(11) (with art. 6)	this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted
F45	Sch. 1A para. 12 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(12) (with art. 6)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F46	Sch. 1A para. 13 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(13) (with art. 6)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F47	Words in Sch. 1A para. 15(2)(c) substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(14)(a) (with art. 6)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F48	Words in Sch. 1A para. 15(3) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(14)(b) (with art. 6)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
F49	Sch. 1A para. 15(5)(6) inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(14)(c) (with art. 6)	this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted
F50	Words in Sch. 1A para. 17(2) substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(15) (with art. 6)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
I1	Art. 1 in force at 4.1.2005, see art. 1(1)
I2	Art. 2 in force at 4.1.2005, see art. 1(1)
I3	Art. 3 in force at 4.1.2005, see art. 1(1)
I4	Art. 6 in force at 4.1.2005, see art. 1(1)
I5	Art. 8 in force at 4.1.2005, see art. 1(1)
I6	Sch. 2 in force at 4.1.2005, see art. 1(1)

Defined Term	Section/Article	ID
advanced education	para 1. of SCHEDULE 1A	def_412795cb74
approved training	para 1. of SCHEDULE 1A	def_f4b8f7bff2
assessed value	art. 1.	def_a35c4184ec
authorised place of deposit	art. 1.	def_ca5095e24f
child	para 1. of SCHEDULE 1A	def_e66a21b3d4
child support maintenance	para 1. of SCHEDULE 1A	def_8931ec1627
couple	para 1. of SCHEDULE 1A	def_168b1459a4
disposable capital	para 1. of SCHEDULE 1A	def_0a7ebb423a
district registry	art. 1.	def_0742a2665d
excess income	para 11. of SCHEDULE 1A	def_26d677f6de
excluded benefits	para 1. of SCHEDULE 1A	def_fae436f5dc
family help (higher)	para 1. of SCHEDULE 1A	def_c434cfe99d
family help (lower)	para 1. of SCHEDULE 1A	def_e30aa1135f
full-time education	para 1. of SCHEDULE 1A	def_f3ed365f6a
grant	art. 1.	def_1e0adaa9a0
gross monthly income	para 1. of SCHEDULE 1A	def_cbbf91264c
gross monthly income	para 13. of SCHEDULE 1A	def_5171dce6da
Independent Living Funds	para 1. of SCHEDULE 1A	def_f55aef0419
legal representation	para 1. of SCHEDULE 1A	def_308570395d
maintenance agreement	para 1. of SCHEDULE 1A	def_65620ada2e
net profits	para 13. of SCHEDULE 1A	def_50840454e5
partner	para 1. of SCHEDULE 1A	def_9c626eb935
party	para 1. of SCHEDULE 1A	def_cdea88119f
restraint order	para 1. of SCHEDULE 1A	def_1c6c6fef0a
savings and investments	para 5. of SCHEDULE 1A	def_60ca47ab04
the principal registry	art. 1.	def_e143819687

2004 No. 3120 (L. 22)

The Non-Contentious Probate Fees Order 2004

Citation, commencement and interpretationI1

Fees to be takenI2

Exclusion of certain death gratuitiesI3

[F1Remission of fees

I4

Special exemption—Armed Forces

[F5Special exemption – emergency service personnel and armed forces

RevocationI5

[F6SCHEDULE 1 Fees to be taken

[F20SCHEDULE 1A Remissions and Part Remissions

Interpretation

Fee remission

Disposable capital test

[F29Disposable capital test

[F30Disposable capital test - deeming provisions for those aged 66 or overF30]

Disposable capital

Disposable capital - non-money resources

[F36Disposable Capital - resources held outside the United Kingdom

Disposable capital - foreign currency resources

Disposable capital - jointly owned resources

Excluded disposable capital

[F43Remission of fees - gross monthly income

Remission of fees—gross monthly income

Table

[F44Gross monthly income— passporting benefits

[F45Gross monthly income cap

[F46Gross monthly income

General

Resources and income treated as the party’s resources and income

Application for remission of a fee

Remission in exceptional circumstances

Refunds

Legal Aid

Vexatious litigants

Exceptions

SCHEDULE 2 ORDER REVOKED I6

Status of changes to instrument text

Citation, commencement and interpretation_I1

Fees to be taken_I2

Exclusion of certain death gratuities_I3

[^F1Remission of fees

_I4

[^F5Special exemption – emergency service personnel and armed forces

Revocation_I5

[^F6SCHEDULE 1 Fees to be taken

[^F20SCHEDULE 1A Remissions and Part Remissions

[^F29Disposable capital test

[^F30Disposable capital test - deeming provisions for those aged 66 or over^F30]

[^F36Disposable Capital - resources held outside the United Kingdom

[^F43Remission of fees - gross monthly income

[^F44Gross monthly income— passporting benefits

[^F45Gross monthly income cap

[^F46Gross monthly income

SCHEDULE 2 ORDER REVOKED _I6