Probate application backlog highlights need for expert legal advice

The Law Society has warned that the severe backlog in probate applications is having a detrimental effect on those mourning the loss of their loved ones.

The warning is part of the Society’s evidence to the Justice Select Committee’s probate inquiry.

A Law Society spokesman said: “We are aware of significant delays to the probate service. In 2016, before changes were made to the probate service, applications took on average seven to 10 working days to process. Most recent data shows delays of more than 13 weeks.

“It is unacceptable that some families are forced to wait in limbo for over three months, as they manage the complex administration that follows the death of a family member.

“Delays have also forced grieving clients to incur additional costs, such as unnecessary interest payments on outstanding inheritance tax. Many property transactions also fall through.

“Delays to the probate service can adversely impact families during a difficult time, as they deal with the loss of their loved one.

“We welcome HM Courts and Tribunals Service’s (HMCTS) commitment to reducing delays. There have been gradual signs of improvement – with HMCTS reporting more grants being issued than applications received at the end of 2023.

“However, there needs to be sustained improvements.”

It’s encouraging to see that HMCTS has committed to improving the service, but it seems there is still a long way to go. People applying for probate can reduce much of the stress and minimise the delay by ensuring they get expert legal advice from a specialist solicitor.

Probate can be complex. Errors in the application process can prove costly and lead to unnecessary delays in what may already be a difficult time following a bereavement. Please contact us if you would like more information about the issues raised in this article or any aspect of Wills and probate