header-logo header-logo

22 March 2024 / Helen Stewart
Issue: 8064 / Categories: Opinion , Wills & Probate
printer mail-detail

Probate delays add to suffering

164878
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

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

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
The winners of the LexisNexis Legal Awards 2026 have now been announced, marking another outstanding celebration of excellence, innovation, and impact across the legal profession
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
back-to-top-scroll