A few years ago, ‘reforms’ to the Probate system in England were implemented, with the aim of making this area of the law ‘more accessible’, ‘simplified’, and ‘centralised’. But, as many solicitors operating in Private Client will already know, these reforms have led to widespread chaos as delays, complications and a lack of clarity hit grieving families across the country.
HM Courts and Tribunals Service, the body in charge of the Probate reforms, has confirmed that the most recent average processing time for a Probate application has increased to 15.4 weeks – significantly higher than the average of 9.3 weeks, the previous year.
It was announced in November that an inquiry would take place into the new system, due to a rise in complaints from practitioners and families alike. And Charlotte Keating, Head of Private Client at Prosperity Law, Manchester, says it’s about time:
“Prior to the reforms which took place a few years ago, solicitors had a working relationship with local teams who would process probate applications – and that worked in the favour of families up and down the country, who often only had to wait weeks for grants to be made. That waiting period is now many months, and sometimes over a year in more complicated cases.
These delays have a knock-on effect for families, not just emotionally, but also financially. This is especially true for those dealing with inherited property and shares, and in extreme cases the delays can actually have tax implications too.”
In 2020, it was mandated that solicitors would use the new digital system, and that a separate digital system would also be made available and accessible to individuals, wishing to apply for probate without appointing a legal professional. Whilst in theory this change should have made a complex issue more accessible to the public, it does create its own set of issues:
“In relation to the digital portal we as solicitors use, it’s well formed and simple to operate – in that sense the project has been successful. But there are still many cases where we can only submit paper applications, and once it’s sent our experience is that it takes a long time to receive confirmation, or a timescale as to when it will be processed.
The digital portal for individuals, however, is a different story. It’s trying to oversimplify an area of law that is actually quite complex. The settling of an estate combines law, accountancy, and tax, and it can also involve numerous parties – which is where the support of a legal professional comes in. It’s very easy to provide the wrong information which could have implications for families further down the line.”
The inquiry is the first step in resolving the lengthy processing times, but in the mean time, Charlotte has a few pieces of advice for individuals and families applying for probate:
“It seems like it might be some time before we have a system that matches the efficiency of the previous process. But my advice would be to apply for Probate as quickly as possible and if you’re at all unsure, please approach a Solicitor for advice.
This really is a complex area of law and by working with a legal professional you could potentially save yourself time, money, and effort that you might not have the emotional capacity to deal with after the loss of a loved one. At Prosperity, we’re monitoring the situation closely and can provide realistic timescales and set your expectations accordingly – and that’s what we’ll continue to do until the issues with the Probate system are resolved.”
If you would like to have a confidential conversation with one of our Private Client Team, please email charlottek@prosperitylaw.com or call Charlotte Keating on 0161 464 7595.
