• March 28, 2024
 Hear from Professionals about the online Probate Service

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Hear from Professionals about the online Probate Service

Professionals across the industry have voiced their views and experiences when using the online Probate Service since the mandatory roll out of online applications.

On 1st October 2020, under legislation laid in Parliament, probate professionals were forced to submit probate forms and applications online from November.

The statutory instrument made it mandatory for legal professionals to use the online system in most cases where possible from 2nd November. However, where cases are more complex, involving multiple claimants where the deceased has no will, paper forms will still be allowed to ensure that proper manual checks ensue.

However, practitioners reacted to the announcement and aired their views on social media, but two months on HMCTS said the mandatory roll out of online probate applications proved successful, from the point of view of digital applications which had increased as expected.

Today’s Wills and Probate asked professionals in the sector what has been their experiences of the online probate service since the mandatory roll out of online applications since November 2020; And if applications are being processed quicker, along with waiting times and whether they are processing mainly online rather than paper applications.

Jenny Pierce, Director of SFE, the membership organisation for specialist lawyers who support older and vulnerable people, says that the online probate system introduced in November last year seems to be improving, albeit marginally and slowly. She said:

“Since the online system was introduced last year, SFE has worked closely with its members to provide guidance and support as they migrate to the new platform. Many of our members have faced complex issues and are still experiencing lengthy delays with the new process.

“It used to take an average of 15 days to process an application, yet the probate registry is taking at least 8 to 10 weeks with additional postal delays counted on top of this. However, some of our members have had their online applications turned around in 10 days, providing there are no issues. The reason as to why some of these applications are turned around quicker than other remains unclear.

“Most of our applications are being submitted online now apart from the occasional ‘out of the ordinary’ cases which need to be sent by paper.

“SFE has worked alongside HMCTS to provide insight into the issues many legal professionals are facing when using the platform. We’re happy to see progress with the tracking of applications and glad to hear that guidance will be coming soon to help solicitors understand why their application might be taking longer than usual.”

Ian Bond, Head of Wills & Estates at Thursfields and member of The Law Society Wills and Equity Committee commented. He said:

“I have found that we have had a great service from the online system for grant applications – we have been getting our online applications returned to us within 7 – 10 days. We still have a number of grant applications that are in the exceptions so are submitted on paper rather than online. These take longer than the online applications but this is understandable as they are more complex in nature, hence why they were not submitted via the portal. They are still coming back within a range of 4 to 6 weeks. So it is definitely getting quicker to use online. It is too early to say if the third lockdown has had any impact on turnaround times; I personally doubt it will have any effect as HMCTS (like the rest of us) now seem set-up for staff to work remotely from home. For me, given the differential in turnaround times, only the exception applications are sent via paper, all applications are made online.”

Honey Legal further commented:

“Honey Legal have been using the online probate service since July 2020 and our experience so far has not been good. Compared to the previous paper based system, there has been significant inconsistencies with the online applications that have caused frustrations & delays for ourselves and our clients. We have had some applications issued within two weeks, but then others take over 4 months, neither had any problems, just inconsistent practice.

“One key area which is lacking more than before is the level of communication that we are receiving from the probate service now when calling for progress updates. Staff answering the calls have little information to assist us with client updates and very often seem to be guessing with their answers rather than providing us with reliable information to assist.

“Honey Legal are submitting all applications which can be sent via the online system, but HMCTS have not allowed all case types to be submitted this way, so we are still submitting those applications via the paper method.”

Rachel Jones, Trainee Solicitor at Aston Bond added:

“In the midst of a pandemic, a move to an online system may be viewed as the logical progression for the Probate Registry to help improve case management and tracking progress on applications by avoiding postal systems. However in reality the online part of the probate application only appears to replace the PA1P form, with the remainder of the application still being required to be sent in the post (e.g. the Will, IHT205 etc.). This process therefore actually separates the application into two parts, which would appear more likely to lend itself to errors than via the previous system where the entire application was at least kept together. As the Probate Registry already seemed to have difficulty managing applications under the previous system, it is difficult to imagine that this new separated process will help matters. We are yet to see whether the Probate Registry’s statement that the move to part online will help improve timescales is true, however if the Probate Registry were to move to a fully online system, by allowing solicitor certified copies of original documents to be submitted in a similar manner to that of online HM Land Registry applications, then it is possible that in time this online system could help speed up application processing.”

Lyndzey Smissen, heads of wills, trust and probate at Paytons Solicitors LLP further added:

“Submitting online applications as much as possible but timescales are all over the place, some are being processed in a matter of days, almost at the old pace and others are taking 4 weeks for them to acknowledge all the documents have been received. I have found if they enter the “Stop” queue they can take literally months to be picked up again. I have one outstanding papers applications which I am unable to get any update on, it has been in the system for over 8 weeks. Trying to get anything moved forward seems to be impossible as its always “we’ll email the team” or “we’ll add a note” and I don’t even get a reply to my complaints any more, the Grants just magically appear in my intray.”

Ruth Heap, partner and head of private client services at Hillyer McKeown said:

“We are experiencing continued delays and difficulty in dealing with the Probate Registry. Whilst the move to online applications should have made things easier, the system is not currently fit for purpose.

“Once an application has been lodged, currently we cannot track its progress. It would be helpful to be able to see where applications are up to, so that we can report back to clients and keep them more up to date, rather than having to try and speak to a human at the registry, when is almost impossible to get hold of anyone who can answer queries.

“The system is not very user friendly for instances where professionals are appointed as executors. There is no option in the online forms for this circumstance, and sometimes applications get rejected because the system can’t process professional applicants properly.

“The process is still lengthy. Whilst having the extra visibility of where your applications are up to is really good, it feels like it is actually more work to actually get the applications done now. We still have to send everything off by post and get the clients to sign a hard copy of the legal statement.

“The system is also limited for intestacies. Currently limited to spouse or only child applying. I think other administrators should be given the opportunity to apply online.
Paper applications are frequently getting lost or simply not being addressed at all. We therefore are trying to use the online system where we can, but due to its quite rigid constrictions this is not always possible.”

Anthony Belcher, director of The Society of Will Writers  also said:

“The Society of Will Writers has had little indication from members that there has been any change in experience with regards to submitting probate applications online. However, the system does not appear to have improved anything in regards to the wait times they experience, with there being delays due to backlogs caused by the pandemic. It should be noted though that many members who offer probate services to clients will utilise the services of a solicitor or trust corporation, rather than applying for probate themselves.”

What has been your experience of the online Probate Service?

Toni Ryder-McMullin

Toni is the Media Officer for Today’s Conveyancer, Today’s Wills & Probate and Today's Family Lawyer. I worked for a law firm for 16 years, during my time at the firm I worked as a company commercial legal secretary for 7 years but changed careers and moved into marketing for the remaining 9 years – where I covered all aspects of marketing. While in the marketing role, I achieved a CIM Professional Certificate in Marketing and CAM Diploma in Digital Marketing.

1 Comment

  • Ian must be getting preferential treatment. My experience so far is not great. Probate Registry Wales in the good old days used to turn around probate in 7-10 days. Now it’s taking an age. E.G. 2 applications submitted online around the same time mid October. One generate a query concerning something written on Will cover which I answered straight away by email that it was written post death by client and did not affect the Will. Probate received for the other one after 6 weeks but we still await probate for the other. in last tel. Contact we were told they were still working on August/September applications!

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