SPOTLIGHT ON: Probate Delays
Probate delays
Lengthening wait times at the Probate Registry and the decline in property prices, are causing significant delays for bereaved families trying to unlock estates and seek closure after the loss of a loved one.
During the COVID-19 pandemic staff members at the Probate Service declined significantly from 188 to 123, and the number of experienced staff reduced to just 29. However, a successful recruitment drive beginning in December 2022 has mean that staffing has now increased to 262.
Despite the increase in staff members, legal experts are concerned that fewer experienced staff is causing a knock-on effect when it comes to more complex probate cases, and there is a belief that delays in the process will only worsen.
At present, over 90% of probate applications are processed digitally and the Registry have claimed that their average turnaround is 7 weeks. However, most practitioners are experiencing wait times far exceeding this – with the majority of cases taking around 20 weeks to be returned.
The deterioration in timeframe has also coincided with a significant hike in court fees – they were increased by 27% to £273 in January 2022. The previous discount for probate fees that was available to Solicitors was also abolished.
Delays can cause significant distress to families who may need probate in order to resolve financial matters. Whilst families are waiting to get access to funds, interest on any unpaid inheritance tax is accruing (which is now a steep 7%) and there may be other stresses on families who, for example, are unable to access funds to pay for care fees and living expenses.
The Registry have indicated that the main cause for delays are incomplete or inaccurate applications, often submitted by laypeople. If an error is found within an application, it is ‘stopped’ by the Registry and may not be considered again for more than 6 weeks, or until additional information/rectification can be submitted.
Given the details noted above, it’s even more important to ensure that the estate of a loved one is being dealt with by a trustworthy, efficient and capable person. At Mander Cruickshank Solicitors we are experts in dealing with all areas of estate administration and have the knowledge and experience required to deal with unforeseen issues that may arise. If you have recently suffered the loss of a loved one and need assistance at this time, please do get in touch for further information on 01530 510 666.
