Probate delays causing undue stress to families

Recent figures suggest that the number of probate cases taking over a year to be granted has risen by 134% over the last three years. Expert lawyers say the result is additional stress and financial implications for grieving families.

The data was obtained from the Ministry of Justice by financial adviser and pension provider Quilter, despite government guidelines indicating a grant of probate should usually be obtained within 16 weeks of an application submission.

Jeremy Bourke, a partner at national law firm Clarke Willmott LLP, said the implications are significant for many families but there are ways to speed up the process.

“There are several reasons we are seeing longer completion times in probate cases, but no matter the reason, the impact felt by executors is undeniable,” said Jeremy.

“Delays in administering a person’s estate, which can already be a very long, stressful and complicated process, can create or exacerbate significant issues. in particular, families are unable to deal with most assets of value until probate has been granted, which creates potential loss and impacts greatly on beneficiaries.

“Executors may be unable to pay IHT in full or estate debts (especially mortgages) until money can be accessed or assets are sold after probate. This can mean they incur significant interest and possibly penalties in some cases.”

According to Jeremy causes for the delays include processing cases without a Will in place or where the executors of a Will cannot act, such as if they have died or lost capacity, or if they are unable to be identified or located.

Other delays can occur where mistakes are made in applying for the grant of probate, or where IHT forms and payments have not been dealt with properly or at all. This causes the whole process to stop until the mistakes are rectified.

Jeremy continued: “Although the delays can be long, there are things you can do to ensure you’re in the best possible position heading into the process. During your lifetime, make sure you have a Will and that it is up to date, including that the executors named are willing and capable of taking on the role when you pass away.

“Executors or administrators of an estate should take professional advice when needed, as the consequence of making even innocent mistakes can still be significant.”

The government is currently preparing to make pensions liable to inheritance tax as well as other significant changes. These new rules are set to take effect in the coming years, which could further delay the process.

Clarke Willmott is a national law firm with offices in Birmingham, Bristol, Cardiff, London, Manchester, Southampton and Taunton.

For more information on Probate and estate administration, as well as Wills, Trusts and Estate Planning, visit Wills, Trusts, Probate & Estates Solicitors – Clarke Willmott