Professionals and their grieving clients will be relieved to hear there is light at the end of the tunnel regarding the prolonged probate delays.
Following the recent joint meetings with Her Majesty’s Courts and Tribunals Service (HMCTS), The Law Society, Society of Trust and Estate Practitioners and Solicitors for the Elderly regarding probate delays, it was confirmed HMCTS were getting on top of the backlog situation and working to get back to business as usual by the end of the summer.
The aim of the meetings with HMCTS was to review how the issues impacting the probate services were being addressed – due to the continuous disruption greatly affecting practitioners and grief-stricken families.
Ian Bond, Chair of The Law Society’s ‘Wills and Equity Committee recently updated Today’s Wills and Probate about the probate delays following his meeting with the HMCTS on the 27th June to find out how they have been dealing with the problems which have been affecting the probate service since they met on the 14th May.
In the last few weeks, both the Institute of Legacy Management and The Law Society have confronted the HMCTS about the prolonged delays to the probate service which were taking up to 3 months to progress – rather than the week to ten days which used to be the case.
The incessant delays over the last few months have taken its toll on the sector with disastrous consequences for inheritance beneficiaries and charity recipients. Professionals in the industry talk about their experiences and how it has impacted them and their clients.
Ryan Taylor, Contentious Probate solicitor at Anthony Gold, said:
“Recent changes to the Probate Registry systems, software glitches and new formats for Grants of Probate have placed pressure on the Probate Registries and the time it takes them to issue Grants and Letters of Administration. These delays were greatly exacerbated as a result of the proposed increase in Probate fees which were originally due to be introduced in April of this year. The expected exponential increase in fees for larger estates meant that practitioners were under pressure to make as many applications to the Probate Registry as they could before the anticipated fee increase. The influx of applications led to a slowdown in the time it took HM Revenue & Customs to process the Inheritance Tax Returns, and a dramatic increase in the time it took for the Probate Registries to respond to Grant applications.
“The result of these delays means that the administration of estates has been similarly delayed. Estates, where properties had been sold with completion awaiting the Grant, have been at risk of buyers pulling out. Liquidation of other estate assets and payment of debts have also been stalled in some cases. Without a Grant, executors and their solicitors have been unable to progress estate administrations. This can be distressing for families hoping to deal with the estate quickly and efficiently, whilst grieving and coming to terms with the loss of someone they love.
“Of particular concern in my field of work is the potential impact on claims against estates. Anyone wishing to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 is required to issue proceedings within six months of the date of the Grant. When the Grant is delayed, this can lead to the dispute becoming unnecessarily protracted and increase the impact on families. The threat of a looming claim hanging over the heads of executors and beneficiaries can be unpleasant at the best of times, and the addition of months of delays caused by the backlog at HMRC and the Probate Registries does nothing to help this situation.”
Ben Wilson, Contentious Trusts and Probate Associate at Forbes Solicitors, said:
“As a contentious trusts and probate lawyer, the delays with Grant applications adds unnecessary stress, anxiety and worry to an often already fraught and distressing process. In contentious proceedings, very often the application for a Grant is made after the “fight” is over, and the extra delay and worry for clients is an unwelcome addition to the process.”
Meg Abdy, Development Director at Legacy Foresight, said:
“Many of our charity clients have reported slowdowns in legacy notifications, which – in all likelihood – are due to the delays in the probate service processing applications. This means that the income they can accrue – and the funds they can spend on essential services – is being hit hard.
“This new turmoil, coming on the back of the confusion surrounding the Smee & Ford legacy notification service (hopefully resolved for now) is making life very difficult for charity legacy administrators and the causes they serve. Certainly not HMCTS’s finest hour – or indeed their finest year!”
