Significant delays with Probate Registries in England and Wales
For several months significant delays have been experienced with Probate Registries in England & Wales, resulting in many estates being in limbo pending the issue of a grant. STEP, the global professional association for practitioners who specialise in family inheritance and succession planning, met recently with HM Courts & Tribunals Service (HMCTS) to discuss the backlog of applications and continued disruption to the Probate Service.
HMCTS representatives explained its old database needed to be upgraded, which had prompted the decision to move to digital software. The new system was scheduled to go live in January but was delayed until 25 March following technical glitches. HMCTS explained that it had not anticipated this level of issues with the technology, in conjunction with such a high spike in probate applications.
The following points were raised:
- HMCTS has brought in 15-20 more people for the national office; a 10-15 per cent increase in those working on the backlogged applications.
- The remaining probate registries will be closed over the next 12 months. Staff will be given six months’ notice and HMCTS expects to help them all find other roles in the civil service.
- The new digital system is being delivered from the Courts and Tribunals Service centre based in Birmingham. HMCTS is keen to get more solicitors using the digital pilot, and will be looking for volunteers shortly. This pilot will enable solicitors to issue up to 250 applications per week.
- There is currently a backlog of some 30,000-35,000 applications.
- The Probate Registry will publish regular bulletins to improve communication with the public.
- HMCTS assures users its existing Registry staff are working hard to get through the applications, and issued 960 grants on a single day this week.
- HMCTS requests users not to chase applications, as they are being dealt with by date order.
- HMCTS is currently up to date with caveats.
STEP expressed its disappointment that the court service was not better equipped to deal with the spike in applications. The Ministry of Justice had issued reassurances earlier this year that the court service was prepared for an increase due to the proposed increase in probate fees. STEP noted HMCTS was ill prepared to merge the new online system, change the format of the certificate, close registries and cut staff all at once.
STEP repeated its suggestion that HMCTS should change the fee implementation date to the date of death for applications, to relieve the pressure and generate some goodwill amongst the industry and the public. The idea should be seriously considered, given pressure on practitioners and members of the public is considerable, and is causing a great deal of anxiety.
STEP has also provided feedback to HMCTS on errors in the new-style grants that members have received, together with feedback on how they could be improved. We have explained why the will should continue to be annexed to the grant of probate, and the difficulties caused if it is not.
The Statutory Instrument to increase probate fees is still waiting to be scheduled for approval in parliament, and we will continue to monitor any developments.
Source: The STEP Blog – https://blog.step.org/2019/05/16/step-meets-hmcts-to-discuss-ew-probate-delays/
The content of this page is a summary of the law in force at the date of publication and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.
‘Doing the right thing’ is at the heart of Freeths. Find out more about our excellent client service and the strong set of values that guide the way we work.
Talk to us
Freeths are a leading national law firm with 13 offices across the UK. If you have a query about our services or just want to find out more, why not give us a call?
Contact: 03301 001 014