© Copyright Acquisition International 2025 - All Rights Reserved.

Article Image - Patience in Probate
Posted 8th July 2024

Patience in Probate

In recent years following the pandemic, the average length of time to obtain a Grant of Probate has risen significantly. Probate has been known to take up to 16 weeks following submission of an application, with delays as long as 24 weeks in complex estates, or estates where an individual other than a named executor is proving the Will.

Mouse Scroll AnimationScroll to keep reading

Let us help promote your business to a wider following.

Patience in Probate
Law, notary, attorney background theme

By James Mabey, Partner, Winckworth Sherwood

In recent years following the pandemic, the average length of time to obtain a Grant of Probate has risen significantly. Probate has been known to take up to 16 weeks following submission of an application, with delays as long as 24 weeks in complex estates, or estates where an individual other than a named executor is proving the Will.

Effects of the delays

Delays in obtaining probate can result in a plethora of difficulties for grieving families at an already stressful time, who, in many cases, will not be able to access the bank accounts and other assets of the deceased until they receive the Grant of Probate.  Financial hardship is therefore a real concern for many.

Additionally, the delays can impact on the value of estate assets once they are sold, particularly in recent years where markets have been particularly volatile. Where property is due to be sold, completion of the sale of property cannot take place until probate has been obtained.

Where inheritance tax is payable, some or all of this frequently needs to be paid by the end of the sixth month following the death (depending on what assets are in the estate), to avoid accruing interest and penalties. Banks can settle the tax due directly with HM Revenue & Customs before probate, but issues arise where the estate comprises predominately of illiquid assets needing probate for asset redemption. These delays can invariably result in additional interest accruing, which then depletes the assets available for beneficiaries.

Causes of the delays

An inquiry into the Probate Registry led by the Justice Committee is currently ongoing. The inquiry has brought to light a myriad of issues including deficiencies in staff training and teething issues with the new online probate service, which has been prone to displaying inaccuracies.

The online service was only one aspect of The HM Courts and Tribunals Service (“HMCTS”) Reform Programme; however, its implementation has seemed to coincide with the decline of what was until recently considered a highly effective system. Other aspects of the Reform Programme included the centralisation of the probate service and the closing down of probate registries, resulting in the redeployment of trained probate staff to other areas of the courts and tribunals system.

The loss of experienced staff well-versed in the nuances of probate law has been a critical factor in the delays, with the number of full time Registrars in England & Wales reducing from thirty to three following the reforms. This has left inexperienced staff who are simply not yet equipped to deal with issues which may arise and has resulted in some applications being incorrectly categorised as complex estates.

Going forward

Recent statistics suggest that waiting times are beginning to come down slightly. However the Probate Registry has now implemented reduced hours for its telephone services to manage the backlog of applications, making it increasingly challenging to contact the Registry for updates.

The Society of Trust and Estate Practitioners (STEP) have made a number of suggestions to HMCTS in order to reduce backlogs, including the outsourcing of complex cases to a limited number of experienced law firms; arranging for private practice probate practitioners to be seconded to the Probate Registry for a fixed period; and for Registry staff to be seconded to law firms to gain experience. As the inquiry progresses, we expect that the forthcoming report from the Justice Committee will likely welcome the recommendations put forth by STEP.

Categories: Legal, News


You Might Also Like
Read Full PostRead - Eye Icon
Blablacar Acquisition of Carpooling.com
Finance
14/05/2015Blablacar Acquisition of Carpooling.com

Blablacar Acquisition of Carpooling.com

Read Full PostRead - Eye Icon
BTCGaw is Now Buying Bitcoins With 11% More Than Blockchain Official Rate
Finance
09/04/2015BTCGaw is Now Buying Bitcoins With 11% More Than Blockchain Official Rate

BTCGaw INC. has announced yesterday its latest offer for Bitcoin sellers: a conversion rate with an 11% increase compared to Blockchain's official rate.

Read Full PostRead - Eye Icon
Mobile Operators Sitting on ‘Treasure Trove of Rich Information’ with Movement Analytics
Innovation
Read Full PostRead - Eye Icon
Top Marks
Leadership
03/10/2017Top Marks

Top Marks

Read Full PostRead - Eye Icon
Insurance for Insurance – Barents RE Have It Covered
Finance
27/01/2020Insurance for Insurance – Barents RE Have It Covered

Over the course of twenty-four years, Barents RE have cultivated a presence across Europe, the Middle East, Latin America and Asia as one of the world’s most established independent reinsurance groups. Now, with up to six hundred reinsurance connections acro

Read Full PostRead - Eye Icon
Healthcare Heroes
Innovation
04/01/2021Healthcare Heroes

Did you know that every three minutes, a traveller needs emergency medical treatment abroad? For those people in need of urgent assistance, the team at Angels of Flight Canada Inc. are a godsend, providing expert medical advice in a challenging situation. Earn

Read Full PostRead - Eye Icon
Under Promise  – Over Delivery
Finance
26/01/2017Under Promise – Over Delivery

Jean-Claude and Partners, winner of the 2016 Most Innovative Accountancy Firms for France offers an insight into this accounting firm, of which he is the managing director of.

Read Full PostRead - Eye Icon
Know Your Risk: Why Risk Management Has Never Been More Critical 
Leadership
27/01/2025Know Your Risk: Why Risk Management Has Never Been More Critical 

In today’s fast-paced business environment, risk management has never been more critical, or more complex.

Read Full PostRead - Eye Icon
5 Tips on How to Look After Your Company’s Financial Health
News
01/09/20235 Tips on How to Look After Your Company’s Financial Health

There were 13,125 business bankruptcies filed throughout the United States in 2022. To avoid this, you must make it a practice to look after your company’s financial health. As with our health, an organization’s financial well-being serves as an in



Our Trusted Brands

Acquisition International is a flagship brand of AI Global Media. AI Global Media is a B2B enterprise and are committed to creating engaging content allowing businesses to market their services to a larger global audience. We have a number of unique brands, each of which serves a specific industry or region. Each brand covers the latest news in its sector and publishes a digital magazine and newsletter which is read by a global audience.

Arrow