Time to carry out probate – how long is too long?

How long is too long to handle probate? In a recent case, a British widow was subjected to the shock of being landed with thousands of pounds worth of mortgage debt — some six months after her husband’s death.

Mrs Derbyshire has told reporters that being a Woolwich and Barclays customer has been more of a hindrance than help in recent months. After having agreed to freeze the debt left by her late husband, the lenders have now come forward and demanded the £25,000 outstanding mortgage payment.

Within the letter sent to Mrs Derbyshire, the promise of putting the account on hold wasn’t upheld, and a threat of a home visit from debt collectors was made. This was a traumatic experience for the deceased’s family — was this the right way to handle the situation, or is this a key element of why it may be more suitable for a professional to handle the probate process?

Since the letter was issued, Barclays have stated the way the probate was handled was inappropriate and have subsequently offered a Mrs Derbyshire £210 gesture, which has yet be accepted.

Should a solicitor had been in place to handle the probate in this case, the issue may have been dealt with very differently. Having a point of contact for lenders acting as a buffer, at such a difficult time for the consumers, is seemingly crucial for avoiding further upset for families involved. Professionals are also able to handle more complex circumstances and are likely to resolve cases more efficiently.

In light of this case, do you think there should be a time limit set for certain aspects of probate? Beneficiaries or otherwise have six months to put forward claims against an estate — would a similar timescale be appropriate for debt collectors?

 

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