header-logo header-logo

24 November 2023 / Stephen Gold
Issue: 8050 / Categories: Features , Wills & Probate , Profession
printer mail-detail

Musing of an executor

147347
Driven to distraction by financial & other businesses failing to respond to essential enquiries? Stephen Gold recommends taking the compensation route

Your probate colleagues will tell you that they can match your high blood pressure. Delays in prizing grants out of the probate service are legion. What is not readily apparent is that HMCTS, which enjoys responsibility for the service, is obliged to entertain complaints about delays under the same scheme that applies to mess ups in the courts and tribunals. And that the scheme enables the payment of compensation where a complaint is upheld is not exactly shouted from the Petty France rooftops. Indeed, in the just updated guidance on complaints, the availability of compensation remains a secret but does provide a link to an online ‘thank you’ form. I come fresh from complaining to HMCTS about what transpired to be a period of 10.5 weeks during which my online application for probate as executor of my late aunt’s estate went to sleep.

I secured a £50 without prejudice goodwill

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll