Probate: Government inquiry into Grant of Probate delays

A recent article written by Rachel Mortimer of The Times highlighted the chronic delays at HM Courts & Tribunals Service in their processing of Probate applications. HM Courts & Tribunals Service expect a Probate application to take up to 16 weeks and do not allow anyone to chase them for updates in this time. As the stories reported in The Times article confirm, many families are waiting significantly longer for their Grant of Probate.

When is a Grant of Probate needed?

When someone dies the Grant of Probate may be required for the Executors appointed in the Will to access the funds in the Estate. A Grant of Probate is normally required when the deceased held large sums in their accounts or owned a property in their sole name. Inheritance Tax due on an Estate must be paid at the time you submit the application for Probate. This can cause significant problems if there are no accessible funds to pay the tax. While applicants wait for the Grant of Probate, house sales fall through and interest runs on the loans taken out to pay Inheritance Tax.

Why has an inquiry been launched?

The House of Common’s Justice Committee’s recent inquiry into the Probate Service was launched in response to the sharp increase in Probate delays over the past 5 years. The professional body for Estate practitioners, the Society of Trust and Estate Practitioners (STEP), surveyed its members to provide a response to this inquiry. STEP attributes these delays in the Probate process to a lack of experienced staff and an increase in errors at the Probate registries.

Although HM Courts & Tribunals Service have recently recruited more staff and improved their processes, they are still facing a significant backlog. 80% of STEP survey respondents recommend complex Probate applications be screened quickly and escalated to senior staff to reduce this backlog.

In addition to assessing capacity and technology, the House of Common’s inquiry also considered the human side of Probate. A huge 91% of STEP survey respondents felt the Probate process did not adequately support those recently bereaved and applying for Probate.

We are here to help you

As experienced Probate professionals, our team recognise these concerns and welcome the Government inquiry. We hope this process will generate recommendations that further improve the Probate system.

At Thatcher + Hallam we have an experienced and friendly team and pride ourselves on offering an empathetic and personal approach. From the first meeting through to completing the Estate we’ll guide, advise and be with you at every step. Generations of families have trusted our team with their Wills and their families turned to us for Estate Administration. Whether your loved one died with or without making a Will, we can guide you through the process.

For further information or to arrange an appointment to discuss an Estate please contact our Probate team by calling on 01761 414 646 or emailing us on enquiries@th-law.co.uk or contacting us through our website.