After the recent Government announcement that from next month it will be compulsory for probate professionals to submit applications using the online probate system, professionals took to social media to air their thoughts.
Jade Gani, solicitor and head of private client at Aston Bond posted on LinkedIn to share her views. She said:
”….the system doesn’t work effectively enough to allow for more complex applications.”
Jade added:
“Until the bugs and issues are resolved, it completely baffles me how they can expect this. The rest of the world is still turning but, as usual, the Court/government are one step behind.”
Of the back of her LinkedIn Post, Today’s Wills and Probate (TWP) asked Jade of her experience of the service and whether her team were mainly submitting electronically or manual paper applications. She said:
“Half my team are still showing as “pending” access to the [MyHMCTS] system – this was flagged in June and only just got a call about it now.”
Jade continued saying….. the problem has ‘still not been fixed’ and said they are “still sending quite a few via post” but that her team “are in the office so it’s easier!”
The announcement follows a consultation that closed on 10 September. Prior to the Statutory Instrument being passed in Parliament, STEP and the Law Society of England and Wales had previously supported the mandatory use of the system but have always urged the Ministry of Justice (MoJ) to air on the side of caution.
However, Simon Davis, Law Society president said:
‘Whilst there are clear benefits to having all professional probate applications online – such as that the online system provides instant feedback – solicitors have also experienced some teething problems with the new system.
‘HMCTS must ensure that these issues are resolved and the system is fit for purpose before it is fully rolled out and the new rules come into force. Further clarity is also needed on what alternatives will be available if the system experiences difficulties – such as technology issues or if the case is particularly complex or unusual.’
The online service has been available for personal applications since late 2016, and was extended to professionals following changes to non-contentious probate rules in November 2017.
It was made available to all practitioners in October 2019, and is recognised as a positive step forward. However, some users have reported issues with the system since it was introduced to professionals.
MOJ had stipulated that the online service can be used in ‘most cases’ but where cases were ‘more complex’ paper forms can be used, ensuring the appropriate checks are carried out.
However, STEP have previously said the system is not ‘fit for purpose’ when it comes to more complex non-contentious applications, especially ‘grants as colligenda bona.’
As a probate practitioner, what is your experiences of the online probate system? Are you mainly submitting your applications electronically? What are the challenges when using the online system?
One Response
The system is not reliable. No adequate training is available. Attempts to contact the help line often result in a 45 minutes wait only to be told they cannot help. There is confusion over which browser should be used. There is no API available to allow Case Management Systems to integrate with the HMCTS System. And still they make it compulsory.