header-logo header-logo

31 March 2023 / Ann Stanyer
Issue: 8019 / Categories: Features , Profession , Wills & Probate
printer mail-detail

Probate: finding a way around delay

117260
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

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll