probate delays update

All applications now have to be sent to a central registry, where they are then allocated and sent on to whichever Probate Registry has capacity to take them. Did you ask the more pertinent question of HMCTS about whether they will confirm that when the new probate fees are applied, post them sorting this mess out we assume, that they will apply relative to the date of death and not to the date of application? The Probate service are currently unable to provide updates on how your case is progressing in the first 8 weeks. The CTSC will be able to confirm whether … Until then, we will of course continue to do everything we can to progress matters as swiftly as possible for our clients but the significant delays in obtaining grants of probate are, sadly, entirely beyond our control. Severe Delays Continue for Probate Applications: Update. In some recent cases, we have been waiting over four months for a Grant. There are no changes to the probate fees or confirmation as to when or if they are likely to come in. We cannot blame Covid-19 entirely for these delays. It has recruited additional legal advisors with probate experience. Probate Delays - Update ... As any keen reader of our blog will have noted by now, there has been an ongoing debacle at the Probate Registries (part of Her Majesty's Courts and Tribunals Service), which has resulted in substantial delays in issuing Grants of Probate. Designed to streamline the process, HMRC will now liaise directly with the Probate Registry in order to confirm that the Inheritance Tax return has been submitted by the executor. Again, this has been contributing to lengthy delays in obtaining a Grant. STEP has asked HMCTS to consult with HMRC on this issue, to see if it will waive the interest accrued on outstanding IHT, or permit a longer timeframe for paying by instalments. But the system is still very much in its infancy and there are numerous glitches which will need to be ironed out as time goes on. Update 21 November: HM Courts & Tribunal Service (HMCTS) has announced this week that all legal professionals’ probate calls have been centralised and are now dealt with by the Birmingham Courts and Tribunals Service Centre (CTSC).You will no longer be required to contact a local registry if you need an update on your client’s applications. Thankfully, they are prioritising grants according to urgency – specifically around property sales. Delays began in 2019 when a proposal to increase probate fees led to a surge of applications in a short space of time. Probate delays. Legal Updates, Wills, Tax and Probate There is currently a delay in the Government proposals to change the structure of probate registry fees in England and Wales which were set to come into force in April 2019. This year, deaths in the UK are potentially at their highest for 100 years, possibly reaching between 687,000 and 695,000. 2. Collating information with regard to the assets and liabilities of the estate is no quick job and, even in the most straightforward of cases, it can take eight to 12 weeks to compile all of the information required to prepare the probate paperwork. We haven’t. We have grants going back to February still not received back. It will issue grants of probate in approximately six to eight weeks. The time taken to obtain a Grant of Probate has once again risen and with limited telephone lines, it has become incredibly difficult to even obtain an update on an application once it has been sent. Our experience here at Hugh James is that applications are continuing to take at … However, this unfortunately seems to have had the opposite effect and there have been significant teething problems with marrying up the HMRC returns with the Probate applications. They have received significant interest from firms to test the online probate system for professional users. It will not refund probate fees due to delay. I cannot see how they are issuing 20,000 grants a month. Change ), You are commenting using your Twitter account. The delays were discussed in the House of Lords on 12 June 2019, during which Lord Keen noted that there had been a 22% increase in the volume of applications in March and April, most probably because people were concerned that the proposed hike in probate fees was going to be introduced in April 2019. Whereas solicitors used to send applications to their local Probate Registry and could normally contact that Registry directly for updates, that is no longer possible. Delays were sparked by a software glitch which coincided with a spike in applications, as executors rushed to beat the probate fee hike which was due to be implemented in April. 3. Probate Delays: A Guide for Executors. The very few we had back this week are not in date order in any way shape or form. For help or guidance please seek the services of a qualified practitioner. HM Courts and Tribunals (HMCTS) has published an apology for the slowness of the probate service since March 2019. Probate Registry Delays – Why Is It Taking Longer To Receive A Grant Of Probate? HMCTS gave us the following update on work undertaken since our last meeting on 14 May: STEP’s request for waived interest, or longer timeframe. Disclaimer: LawSkills provides training for the legal industry and does not provide legal advice to members of the public. Change ), EW probate delays and disruption: an update. Probate registries have tried to implement measures to tackle the delays… There has been quite an overhaul of the way in which applications are submitted, with the recent advent of the online application process. 4. Many staff have been furloughed. It has taken on 30 new staff since the transfer to the new system. STEP met HM Courts & Tribunals Service (HMCTS) this week, together with The Law Society and Solicitors for the Elderly, to obtain an update on the delays and disruption to the Probate Service in England and Wales. It is entering caveats into the system on the day of receipt. Probate Registry Delays in England and Wales Update Probate fees The Ministry of Justice has now confirmed that it has abandoned its proposal to change probate application fees from the current fixed fee to a sliding scale with a maximum fee of £6,000. Applying for the legal right to deal with someone’s property, money and possessions (their ‘estate’) when they die is called ‘applying for probate’. Probate registry delays – a further update Unfortunately, we are continuing to see long delays at the probate registry which are impacting on probate practitioners and personal representatives. December 21, 2020 * For clients who currently have a Probate case with us * After someone has died there are a lot of things to sort out and we know that this can be very stressful. Since the spring there have been staggering delays in obtaining Grants of Representation due to backlogs at Probate Registries across England and Wales. We have 175 outstanding with them. Change ), You are commenting using your Facebook account. Typical waiting times: Probate applications currently (allegedly) take eight weeks to be fully processed. The usual estimate for processing Applications for a Grant of Probate by the Probate Registry used to be two weeks. The registry with the most significant backlog is Winchester, which is sharing its work with other registries. In our Spring e-bulletin Kerry Rogers reported on the significant delays being experienced in the issue of grants of probate. This means it is very difficult to get a substantive update in respect of an application. The Society of Trust and Estate Practitioners (STEP) met HM Courts & Tribunals Service (HMCTS) at the end of June, together with The Law Society and Solicitors for the Elderly, to obtain an update on the delays and disruption to the probate service. 1. Probate. By Gill Steel. They are not dealing with these in date order. Phoebe Tranter, who handles probate at solicitors Lawson-West in Leicester, says last year there were long delays at the the probate registry, the part of the HMCTS that issues these grants. ( Log Out /  The only helpline available is the Central Probate Registry and phone lines of local registries are not currently taking calls. ( Log Out /  If you would like more information about any aspect of Probate, please contact our Private Client team on tel: 01892 515022. Can I assume that you challenged these points? 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