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22 March 2024 / Helen Stewart
Issue: 8064 / Categories: Opinion , Wills & Probate
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Probate delays add to suffering

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Probate delays cost money, cause distress & have collapsed house sales. Helen Stewart makes some suggestions

It’s hard to avoid hearing about the issues around the probate service. I have worked as a specialist in this sector for 25 years, and the situation is worse than I have experienced. MPs are regularly contacted by constituents who have suffered emotionally and financially, and this led to the Justice Committee launching a call for evidence on the Probate Registry.

All change at the probate registry

Applications are now handled centrally, which has increased delays. Previously, applications were submitted to a District Probate Registry, where they were handled by experienced members of staff who could answer pre-lodgement enquiries, and who were familiar with the Non-Contentious Probate Rules 1987. Their advice meant applications could be processed efficiently and grants could be issued promptly.

Under the new centralised system, issues with an application often result in it seeming to move to the back of the queue. Even when additional information is provided promptly, it takes

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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