Probate Proposals: ‘Neither Fair Nor Rational’

With all the front pages of this morning’s newspapers leading on the catastrophic fire at Notre Dame Cathedral in Paris, you may well wonder why today I am posting a Blog on the Ministry of Justice (MOJ) planning to close all of the present District Probate Registries.

Even as a legal story, with Shamima Begum allegedly being granted legal aid to contest the attempt to strip her of her nationality, this does not even rate as the lead law story of the day. Yet, along with other actions being taken by the MOJ, this is a proposal that is likely to impact on thousands of vulnerable and grieving families.

If you have not yet done so, then click on to the recent Blog of my colleague George Persson where he roundly criticises the government for increasing the current Probate Registry fees, with no apparent or even pretended improvement in service-Beware Stealth Tax on Grieving Families. That particular proposal is supposed to have become law already, but is (thankfully) currently held up in the Brexit legislative logjam. As George explains in his article, the proposed new ‘tax’ will potentially increase Probate Fees from the current £155 to £6000.

If this proposal was not bad enough, this week, whilst our MPs are away on their two week Easter holidays, the news is slipped out that the current 10 District Probate Registries are to be closed and everything centralised in one place-Birmingham.

Probate can sometimes be relatively straight-forward. Often, it can be complicated and challenging and the relationship with the local District Probate Registry is key. At present, our local Registry (in Bristol) offers an efficient face to face service that is based on trust. Any experience of centralisation usually means inefficiency, anonymity, lack of accountability and reduced levels of service.

The proposed registry closures (like the increase in Probate fees) is never going to knock a story like Shamima Begum off even the inside pages of our newspapers. However, if the proposals go ahead, then what it will mean for someone like myself as a practitioner on the front line of dealing with grieving families, is that I am going to have to explain why there are delays in the estate being dealt with, and why without any improvement in service, the family may have to find possibly £1000’s extra ‘up front’ before Probate can be granted. This is neither fair nor rational.

Increased cost and reduced level and quality of service is bad enough. There was once a sense of pride in the public services that we provided. If the current plans from the MOJ are to proceed, then that sense of pride will be sorely tested, especially as those that it will affect the most are the individuals and families already having to deal with the loss of a loved one.

MOJ-we need a re-think here.

If you have any queries on this article or would like to contact Laura on any of the issues she raises, then she is available on 01761 414646 or at lablett@th-law.co.uk