Why Are There Delays in Obtaining Grant of Probate and How to Avoid Them?
Bereaved families in the UK are facing a significant financial burden as probate delays continue to accumulate significant costs and unpaid taxes, adding to the distress and emotional strain during an already difficult time.
The waiting time for probate almost doubled from April 2022 to April 2023, with reports citing cases of probate taking more than eleven months and practitioners advising clients that probate will take at least nine months.
Whether using online systems or the traditional paper process, applicants can now expect a lengthy wait of up to four months or more for probate to be granted. The backlog, a long-lasting result of the challenges created by the Covid pandemic, currently stands at around 40,000 applications, and shows no signs of improving, leaving many families uncertain of when or how they can find a resolution.
What problems are caused by Probate delays?
Delays in settling an estate can have serious financial consequences for beneficiaries. Here are some important things to consider:
- If Inheritance Tax is owed, the first payment must be made within the first six months after the death. HMRC will not issue a receipt to the Probate Registry until payment is received - https://www.gov.uk/inheritance-tax
- After six months, HMRC applies interest to any remaining balance - https://www.gov.uk/government/publications/rates-and-allowances-inheritance-tax-thresholds-and-interest-rates
- Properties with monthly service charges can incur additional costs due to delays.
- Vacant properties may require special insurance coverage.
- Waiting for probate to be granted can prolong the process of selling a property, potentially discouraging buyers.
Having a current Will in place should help to ensure a smoother and more efficient probate process.
How can these problems be solved?
HMCTS is actively exploring various methods to enhance the efficiency and speed of its service. This includes a focus on improving IT systems and reducing paper applications. Digital applications, on average, are processed in less than half the time it takes to process paper applications.
However, irrespective of the application method chosen, gaining a Grant of Probate will always involve a significant amount of legal, tax, and administrative work, which can be time-consuming, and complex by its very nature. As such it is always wise to enlist the support of a probate specialist should you want to minimise the risk of complications causing a stoppage or compounding the existing processing delays.
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Author Bio:
Nasreen Akhter is the founding director of Ash Hill Solicitors and a private client solicitor with over a decade of experience in probate, wills, estate planning and elderly client care. Known for her calm, compassionate approach, she guides individuals and families through life's most sensitive legal matters with clarity and care.
Nasreen is also an accredited civil and commercial mediator, and is listed on the Solicitors Regulation Authority (SRA) register. Outside of work, she's a dedicated mum and chairs Happy Orphans Worldwide, a charity supporting vulnerable children worldwide.
