The death of a loved one is difficult at the best of times, therefore the prompt resolution of matters relating to their Estate is the least one can expect.
Unfortunately, due to significant delays in the probate application process, this has not been the case for some time. Since the outbreak of Covid-19, the waiting times for probate applications have increased exponentially, causing undue stress to grieving families.
What is Probate?
In England and Wales, probate is the word used to describe the legal and financial processes involved in dealing with the property and assets of a person who has died. If someone passes away with a Will, a Grant of Probate will be applied for by their executor. If they pass away without a Will, a beneficiary can apply for a Grant of Letters of Administration instead.
What has caused these delays?
The reasons behind the delays are complex and multifaceted. In 2018 a new online system for submitting and processing probate applications was introduced in a government-led overhaul of the court system. Many regional probate offices were closed, with the idea being that a new central registry would replace them. Naturally, the unforeseen burden Covid unleashed on all administrative services wreaked havoc on this new system causing a backlog, the effects of which we are still dealing with today.
The delays have become so severe that it has caught the attention of Westminster. In November 2023 the Justice Committee launched an inquiry to get to the bottom of these issues. Specifically, they are trying to ascertain what has caused the delays and what can be done to alleviate them. In January 2024, the Society of Trust and Estate Practitioners (STEP) submitted evidence to the Inquiry stating that they believed the core problems to be a ‘lack of experienced staff, which has contributed to particularly long turnaround times for complex cases and an increase in errors generally’ as well as ‘a lack of straightforward, efficient lines of communication with the probate registry’. The inquiry is ongoing, as more individuals and legal bodies submit evidence to the committee. Nevertheless, there are tentative signs of improvement. As of February 2024, the overall average time it took from the submission of an application to it being granted was 13.6 weeks, decreasing from 15.8 the previous November. In March 2024, this rose again to 13.8 weeks. Despite this overall decrease, in more complex cases there can still be delays of up to a year for bereaved families. It is widely acknowledged that this current state of things is simply not good enough.
What are the impacts?
These delays have had a profound impact on various industries and sectors of the economy. For example, there have been tangible effects felt within the charity sector. Charities are often reliant on the smooth processing of probate to function, as a lot of their funds come from gifts left in Wills. After submitting evidence to the Justice Committee’s inquiry, Alex McDowell (Vice Chair of Remember A Charity) confirmed as much, stating that ‘Charities are increasingly reliant on income from gifts in Wills, and any delays or problems at probate can have a significant impact not only on funding for vital charitable services and beneficiaries, but on charities abilities to forecast their income and budget for the future’. Moreover, the housing market has been impacted. Legal practitioners have reported house sales falling through, a fact STEP has relayed to the Justice Committee’s inquiry. But perhaps most importantly are the impacts felt on an individual level. Until probate is issued, nothing can be done. Families are left in a state of deep uncertainty whilst they are unable to access their inheritance. Indeed, there have been instances of beneficiaries having to cover the cost of any post-death debts that arise — such as the payment of inheritance tax — out of their own pocket, which often means taking out a loan.
Looking to the future
Here at Treethorpe, we have witnessed first-hand the distress these delays can and do have on our clients, and we are acutely aware of the difficulties they are causing. Although it is impossible to predict the future, our client focused approach will ensure that we continue to deliver the best service possible, whatever happens.
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