I currently seem to be spending a significant amount of time chasing the Probate Registry and reassuring clients that I am doing my absolute best for them although this often does not help frustrated and bereaved relatives who are unable to settle bills, pay legacies, sell homes or pay inheritance tax before penalties are incurred.
I wanted to write this blog to set out the problems that we, as private client practitioners, are currently facing and why these problems came about.
Probate Registry Delays
Things first began to go wrong with the £1billion shake-up of the courts and tribunals process. New systems were introduced without adequate staff training and, in a bid to centralise the service, the majority of the regional Probate Registries were closed. This was all done at the time when there was a surge in deaths as a result of the COVID epidemic.
Practitioners have been forced to use a new online system which has been declared unfit for purpose and the website often cannot be accessed. Sadly, the following are common occurrences:
• Applications being lost
• Applications not being scanned to the system correctly
• Applications not being updated
• Wills lost
• Incorrect Grant issued
• Incorrect information given by the Probate Registry
Getting through to the Probate Registry is a nightmare in itself – it is often at least 40 minutes before anyone answers the phone.
According to a survey by Solicitors for the Elderly (SFE) in December of last year, half of all applications to the Probate Registry faced delays of up to 20 weeks and one in 20 faced delays of more than eight months.
Probate Registry Delays - What Next?
Bereavement charities, including Marie Curie, have been calling on the government to address the problems, as have the Law Society. In a recent meeting, HM Courts & Tribunals Service has told the Law Society that it is recruiting more staff and boosting training to help reduce response times as a result of the surge in applications.
I really do hope that the situation is brought back under control as soon as possible to minimise the pain and frustration that clients are already facing when losing someone they love and to eradicate the detrimental knock on effect to the legal profession.
If you are struggling with a probate application or require any advice regarding estate administration, please contact me at j.robinson@timms-law.com or on 01332 364436.
