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Bear in mind that the Parliamentary Joint Committee on Statutory Instruments has already drawn the attention of the draft SI to both Houses on the grounds that, if made and brought into force, the instrument , in effectively operating as a tax raising measure rather than a fee raising measure (because it will raise far more money than is required to fund the Probate Service), is open to challenge due to legal doubts about the powers purportedly being exercised and would, in any case, represent an unexpected use of the powers conferred by Parliament. This suggests that, if the SI is made, then it will be open to users of the Probate Service to challenge the fees being levied by way of judicial review.