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31 March 2023 / Ann Stanyer
Issue: 8019 / Categories: Features , Profession , Wills & Probate
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Probate: finding a way around delay

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Is a grant of representation necessary? Ann Stanyer advises on some alternative options for avoiding the probate process
  • Alternatives to requiring a grant of probate are now proving more popular with both practitioners and others.
  • Bank balance releases, jointly held assets and lifetime gifts are all examples of how probate can be legally sidestepped.

Private client practitioners are beginning to despair at the significant delays and problems associated with obtaining probate in England and Wales. The Ministry of Justice brought in radical changes for the probate service in November 2018, to facilitate and expand online probate applications, introduced with less than a month’s notice by statutory instrument (the Non-Contentious Probate (Amendment) Rules 2018, SI 2018/1137). Ever since, it has been a lottery as to how long you would need to wait for a grant of probate or a grant of letters of administration (‘grant of representation’) to be issued.

As has been seen in other contexts, such as the registration of lasting powers of attorney by the

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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