• March 29, 2024
 Safeguards needed for new online probate service

Safeguards needed for new online probate service

Whilst the introduction of a new online probate application has been welcomed by the Law Society, a number of professionals have expressed concerns.

Last week, HM Courts and Tribunals Service confirmed that it would be accepting online probate applications from personal applicants.

At present, applications will be able to be completed online when the following conditions are satisfied:

  • Just one executor is applying
  • There is an original will available and no codicil was left by the deceased
  • The deceased classed their permanent home as England and Wales or planned to return there as a permanent residence

In addition, removing the requirement to swear an oath in person, the government has also stated that the new service will enable applicants to pay online should they wish. As applications can be saved and later returned to, the online service also removes the need for it to be completed in one go.

The introduction of the service was praised by Ian Bond, who stated that it represented how technology can be harnessed by the court system to improve it for the public, whilst not endangering access to justice.

The chair of the Law Society’s will and equity committee did also highlight potential risks with the service, stating that the HMCTS must ensure safeguards are in place to protect vulnerable clients.

Esther WoodhouseExpressing greater concern over the online service was Esther Woodhouse. The Associate Member of the Chartered Institute of Legal Executives and Roythornes probate specialist stated that whilst the change is likely to improve the procedure, there is a serious risk that it could be abused. She also highlighted that it might not be appropriate in all cases and as a result, further legal assistance will be required.

“Although I agree with the move to enhance the procedure, I am concerned the system could be abused by unscrupulous applicants if there are not effective safeguards in place to protect vulnerable people and their assets.

“Robust measures need to be put in place to ensure applications are only being made by those with the authority to do so. This is very important particularly if an oath is no longer required to be sworn in person by either a solicitor and/or commissioner for oaths.

“It is also important to note the online process may not be appropriate in all circumstances, for example when executors are not aware of their appointment until after the people who have chosen them to care for their assets have passed away. In these instances, legal assistance is advised to ensure executors fully understand the details of the estates.

“The change in the probate application process should reduce administration costs, and therefore it does not correlate with the proposed hike in probate court fees, which if imposed will cause financial burden to many bereaved families. I would have thought the new online system would lead to a reduction in probate court fees, and would urge the government to reconsider its proposal to put these costs up.”

Georgia Owen

Georgia is the Senior Content Executive and will be your primary contact when submitting your latest news. While studying for an LLB at the University of Liverpool, Georgia gained experience working within retail, as well as social media management. She later went on to work for a local newspaper, before starting at Today’s Wills and Probate.