© Copyright Acquisition International 2025 - All Rights Reserved.

Article Image - Patience in Probate
Posted 8th July 2024

Patience in Probate

In recent years following the pandemic, the average length of time to obtain a Grant of Probate has risen significantly. Probate has been known to take up to 16 weeks following submission of an application, with delays as long as 24 weeks in complex estates, or estates where an individual other than a named executor is proving the Will.

Mouse Scroll AnimationScroll to keep reading

Let us help promote your business to a wider following.

Patience in Probate
Law, notary, attorney background theme

By James Mabey, Partner, Winckworth Sherwood

In recent years following the pandemic, the average length of time to obtain a Grant of Probate has risen significantly. Probate has been known to take up to 16 weeks following submission of an application, with delays as long as 24 weeks in complex estates, or estates where an individual other than a named executor is proving the Will.

Effects of the delays

Delays in obtaining probate can result in a plethora of difficulties for grieving families at an already stressful time, who, in many cases, will not be able to access the bank accounts and other assets of the deceased until they receive the Grant of Probate.  Financial hardship is therefore a real concern for many.

Additionally, the delays can impact on the value of estate assets once they are sold, particularly in recent years where markets have been particularly volatile. Where property is due to be sold, completion of the sale of property cannot take place until probate has been obtained.

Where inheritance tax is payable, some or all of this frequently needs to be paid by the end of the sixth month following the death (depending on what assets are in the estate), to avoid accruing interest and penalties. Banks can settle the tax due directly with HM Revenue & Customs before probate, but issues arise where the estate comprises predominately of illiquid assets needing probate for asset redemption. These delays can invariably result in additional interest accruing, which then depletes the assets available for beneficiaries.

Causes of the delays

An inquiry into the Probate Registry led by the Justice Committee is currently ongoing. The inquiry has brought to light a myriad of issues including deficiencies in staff training and teething issues with the new online probate service, which has been prone to displaying inaccuracies.

The online service was only one aspect of The HM Courts and Tribunals Service (“HMCTS”) Reform Programme; however, its implementation has seemed to coincide with the decline of what was until recently considered a highly effective system. Other aspects of the Reform Programme included the centralisation of the probate service and the closing down of probate registries, resulting in the redeployment of trained probate staff to other areas of the courts and tribunals system.

The loss of experienced staff well-versed in the nuances of probate law has been a critical factor in the delays, with the number of full time Registrars in England & Wales reducing from thirty to three following the reforms. This has left inexperienced staff who are simply not yet equipped to deal with issues which may arise and has resulted in some applications being incorrectly categorised as complex estates.

Going forward

Recent statistics suggest that waiting times are beginning to come down slightly. However the Probate Registry has now implemented reduced hours for its telephone services to manage the backlog of applications, making it increasingly challenging to contact the Registry for updates.

The Society of Trust and Estate Practitioners (STEP) have made a number of suggestions to HMCTS in order to reduce backlogs, including the outsourcing of complex cases to a limited number of experienced law firms; arranging for private practice probate practitioners to be seconded to the Probate Registry for a fixed period; and for Registry staff to be seconded to law firms to gain experience. As the inquiry progresses, we expect that the forthcoming report from the Justice Committee will likely welcome the recommendations put forth by STEP.

Categories: Legal, News


You Might Also Like
Read Full PostRead - Eye Icon
Commercial Disputes: The Pros and Cons of Arbitration
Legal
17/07/2024Commercial Disputes: The Pros and Cons of Arbitration

Litigation – that is, formally dealing with a dispute through the parties’ domestic courts – has long been the go-to solution when commercial disputes arise, but this form of dispute resolution has been regarded as lengthy, costly, and does little to pre

Read Full PostRead - Eye Icon
Revolutionizing Agriculture with Advanced Data Science
Innovation
30/01/2024Revolutionizing Agriculture with Advanced Data Science

Founded in 2014, Austin Data Labs stands at the forefront of revolutionizing the global food supply chain through advanced AI-based data science. The company’s acclaimed scAIcloud® platform and extensive industry know-how position it as a key player in enha

Read Full PostRead - Eye Icon
The Art of Transfer Pricing
Finance
29/09/2016The Art of Transfer Pricing

Set up in 1971, Vaish Associates Advocates (‘VA’) is a full-service law firm based in New Delhi, Mumbai, and Bengaluru, India, having an experienced team of 12 partners and over 100 associates, specialising in direct tax, corporate laws, and intellectual p

Read Full PostRead - Eye Icon
Ambient Advertising, Yard Signs, and More: Why Real-World Marketing Still Matters
News
11/04/2022Ambient Advertising, Yard Signs, and More: Why Real-World Marketing Still Matters

Marketing is essential for every business, but with the popularity of ecommerce, digital marketing has been receiving all the attention. However, we still live in a physical world where people walk into businesses and pass by physical locations. Therefore, eve

Read Full PostRead - Eye Icon
Pang & Co: Insight, Expertise, Dedication.
Finance
23/04/2015Pang & Co: Insight, Expertise, Dedication.

Based in Hong Kong, Pang & Co. focuses on capital market transactions and regulatory advice in Greater China, and IPOs in both the Main Board and the Growth Enterprise Market of the Stock Exchange of Hong Kong Limited.

Read Full PostRead - Eye Icon
PVD Training J.S.C – The Best Offshore Safety Training Facility
Innovation
08/06/2016PVD Training J.S.C – The Best Offshore Safety Training Facility

PVD Technical Training and Certification Joint Stock Company (PVD Training) is a world leading provider of training and certification, manpower solutions and marine technical services mainly to oil and gas clients.

Read Full PostRead - Eye Icon
Auction Mobility Acquires Lofty.com
M&A
13/10/2016Auction Mobility Acquires Lofty.com

Today, Auction Mobility, LLC, the leader in mobile and online auction software, announced the acquisition of Lofty.com

Read Full PostRead - Eye Icon
What the Government’s New Insolvency Act Means For Suppliers
Legal
14/08/2020What the Government’s New Insolvency Act Means For Suppliers

As the country continues to combat coronavirus, the government has urgently fast-tracked a bill through parliament to provide support to businesses across the UK that may become insolvent in the fallout of the pandemic. One of the measures that has been introd

Read Full PostRead - Eye Icon
Polaris Acquires Timbersled
M&A
23/04/2015Polaris Acquires Timbersled

Polaris Industries Inc. today announced the acquisition of Timbersled Products, Inc.



Our Trusted Brands

Acquisition International is a flagship brand of AI Global Media. AI Global Media is a B2B enterprise and are committed to creating engaging content allowing businesses to market their services to a larger global audience. We have 14 unique brands, each of which serves a specific industry or region. Each brand covers the latest news in its sector and publishes a digital magazine and newsletter which is read by a global audience.

Arrow