Probate is the legal right to deal with someone’s property, money, and possessions when they die. To obtain probate the executor of a Will or next of kin must apply to the probate registry. The performance of the probate registry in England and Wales has been under scrutiny lately, particularly regarding delays and inaccuracies in processing probate applications.
In 2023, the House of Commons Justice Committee launched an inquiry into probate amid ongoing concerns about the standard of service being provided and the issues faced by practitioners and bereaved families alike.
In the midst of this turbulence, the Society of Trust and Estate Practitioners (STEP) steps forward, shedding light on the grim realities and proposing solutions to rectify the system's flaws. STEP surveyed its professional members in England and Wales who deal with estate administration to gather first hand experiences and then proposed solutions to improve the probate process. Their consultation response unearths critical issues, chiefly a shortage of experienced staff and inefficient communication channels, crippling the probate process. We examine some of these issues in this blog.
Issues
The consultation response highlights two core problems resulting in the ongoing issues:
A lack of experienced staff
In the last couple of years, the probate registry has moved to a centralised and digitalised system, which has contributed to many long serving staff leaving. This staff shortage has led to prolonged turnaround times for cases, particularly complex cases, and an increase in errors.
The probate registry advises that you’ll usually get the grant of probate or letters of administration within 16 weeks of submitting your application. Previously, applications could be turned around in as little as a week.
Inefficient communication channels
There is an absence of straightforward and efficient lines of communication between practitioners and the probate registry, which obstructs resolution and case progression.
For example, you are unable to request an update from the probate registry until at least 16 weeks after they have confirmed receipt of your application. More recently, the probate registry has reduced the opening hours of their probate enquiry line to 9.a.m – 1.p.m, although this is a temporary measure, it means that they are uncontactable for practitioners in the afternoon.
Impact of Delays
Delays in probate processing have tangible repercussions, including financial hardship for beneficiaries, damage to the reputation of probate practitioners, and increased risk for estates.
STEP’s members provided various examples of hardships that they had witnessed:
- 100% of respondents had observed cases of cancelled house sales;
- 64% of respondents observed cases of financial hardship for beneficiaries;
- 94% of respondents observed damage to the reputation of probate practitioners due to lack of public understanding of the causes of delays; and
- 62% of respondents observed greater risk of estates incurring additional interest payments on inheritance tax (IHT) being paid via the instalment option, due to delayed house sales; and
- 81% of members felt that individuals are either not sufficiently protected from rogue traders or are not protected from them at all.
Proposed Solutions
STEP proposes several measures to improve the situation, including:
- Prioritising recruitment of experienced staff
- Enhancing training for probate registry staff handling complex cases
- Facilitating secondments between the private sector and the probate registry
- Introducing new communication channels for efficient issue resolution
- Implementing transitional measures such as outsourcing complex applications to clear the backlog.
Conclusion
STEP’s consultation response provides valuable insights into the current challenges and offers constructive recommendations for improvement.
Despite the ongoing issues with the probate registry, the courts fee for obtaining probate was raised from £273 to £300 from the 1 May 2024.
We feel that the issues identified need to be addressed urgently so that the backlog can be cleared, and the probate system can run an efficient and effective service going forward. Ultimately making the process as smooth as possible for bereaved families in what is already such a difficult time for them.
This blog is provided for informational purposes only and does not constitute legal advice. Readers are encouraged to consult with a qualified lawyer for personalised guidance tailored to their individual circumstances.
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