Following the launch of an online probate service in January, criticism has been cast upon the government for also digitising the vital job of determining the validity of a Will.
All online probate applications are now reviewed using the services of a digital scanning firm, Exela, which many believe is devaluing the difficult job of ensuring the Will being used is valid. Previously, this was the role of experts within HM Courts and Tribunals.
Furthermore, it is speculated that using a digital scanning system will increase the amount of invalid Wills slipping through the net and being used to incorrectly issue a grant of probate.
The Public and Commercial Services Union have also claimed that since the launch of digital probate, error rates have increased by 74% which is already delaying grant of probate applications. By using this digital checking service, many fear these error rates will only continue to climb.
An HM Courts and Tribunals Service spokesperson said:
“Our new online service is making probate simpler and more convenient for bereaved people and 93 per cent of those using the new service have been satisfied or very satisfied by it.
“The validity of the will is still checked by HM Courts and Tribunals Service and the added counter fraud measures include holograms, digital seals, and digital signatures make cheating the system even harder.”
Ruth Pyatt, Director of Solicitors for the Elderly, commented:
“Validating a will is not only a fundamental part of checking whether the document, on the face of it, meets legal requirements, but is also necessary to check the signs for any possible alterations since the will was executed, or any other discrepancies in the submission.
“In the same way that speaking to a specialist lawyer provides assurance when drafting documents, validating documents through years of professional experience provides a forensic and detailed checking process. It’s concerning that computerised systems will take over and put vulnerable people at risk of fraud.”
Helen Clarke, Tax Partner at law firm Irwin Mitchill, said:
“This is another kick in the teeth for the public, who are already facing a massive increase in probate fees planned from April onwards.
“To outsource the work to a document processing company, with the risk of introducing far more errors to an already long process, will leave executors wondering what exactly they’re paying for.
“It’s difficult to tell how a machine is going to pick up any issues – for example, with a will with a paperclip or staple attached, is the system going to pick up that there may well be a vital piece of the will missing?
“Further clarification on the process is needed from the government to assure executors that mistakes will not be made. At the moment we assume the whole point of this exercise would be to speed up and simplify the process, when the irony is it may well slow it down and open it up to many more mistakes.”
Have you found that digital changes to probate have caused significant delays to probate applications? Should the government trust machines to carry out the Will checking process?
