Probate delays of more than 11 months have been reported, with waiting times almost doubling in the year to April 2023, and practitioners advising clients that the process will take at least nine months. STEP, the professional body for probate practitioners and inheritance advisors, says probate ideally should be granted within 28 days of application.
A survey by STEP of its members, published this week, found 100% of respondents have had a case of a cancelled house sale due to probate delays.
Three-quarters (76%) have experienced between one and five cases of this. Moreover, 64% have seen cases of financial hardship for beneficiaries, and 94% have observed damage to the reputation of probate practitioners, as clients can’t understand why it takes so long to wind up estates.
The survey results, submitted this week as part of STEP’s response to the Justice Committee’s inquiry into probate delays, showed 68% of respondents consider probate registry errors a key cause of stopped applications. Some 61% identified a lack of senior staff at the registry as a cause of further delays, and 94% recommended the government appoint more probate registrars. STEP members also recommended more financial resources for the registry, and for complex cases to be identified at an earlier stage and re-allocated to senior people.
Emily Deane, STEP’s head of government affairs, said some improvements such as increased staff have recently been made at the probate registry but will not be enough to clear the ‘huge backlog of unprocessed applications in the system.
‘STEP is urging HMCTS to consider outsourcing some complex cases to a limited number of experienced law firms. This would immediately help reduce the current backlog that leaves people in financial hardship, unable to access funds to pay their mortgage or other urgent bills.
‘Practitioners are telling us that house sales are falling through due to probate delays. People are taking out loans to pay for inheritance tax which is due before probate is granted. Immediate action is needed now.’
