Probate involves the identification of all of a deceased persons assets and liabilities the and sharing out the remaining estate according to the Will. Properties cannot be sold, nor money distributed until a formal Grant of Probate has been issued.

The long delays are creating a negative domino effect that is being felt not just by solicitors across the country, but also clients.

Prior to the Covid-19 pandemic hitting the UK, the standard timescale to process a probate application was 10 working days. However, as a direct result of the application process switching from paper to online forms, as well as the pandemic forcing Probate Registrars to work from home, significant delays ensued.

While the world has since returned to normal, wait times for Grant of Probate applications to be processed have stretched to a minimum of four months.

The new application process being introduced in early 2020 combined with the Covid-19 pandemic changing the way in which we work, has resulted in a backlog that unfortunately still remains to this day. There was already an underlying delay due to the application process being changed, and the pandemic unfortunately exacerbated this significantly. 

Due to such roadblocks being put in place, clients are now being forced to wait months for Grant of Probate applications to be processed. This not only causes issues for solicitors in terms of managing expectations, but also their clients. With probate being required in order to deal with the sale of a property, money or possessions of a person that has died, not only can this be an extremely difficult and sensitive time for beneficiaries but it can potentially land them in hot water by placing them under significant financial strain – especially if they are relying on assets being sold for issues such as repayment of debts of the deceased, whether that be outstanding mortgages or credit card payments.

Whilst applying for Probate is a process individuals can undertake themselves, it is one which can be complex often resulting in families facing unnecessary delays or inheritance tax bills which, with the help of professional advice, could be avoided.

With the timescale already being overly elongated it is vital that people seek out expert advice when applying for Probate, as, if there is an error in the application process, then Probate applicants will run the risk of being pushed to the back of the queue and having to start from square one.

The recent inquiry by the Justice Committee is welcome news as the wait time for Probate has become wholly unsustainable and action needs to be taken in order to mitigate these growing timescales.

The death of a loved one is invariably a time of grief and vulnerability for those who are left behind. Our highly experienced private client team understands these difficulties and are here to help.

Please contact us for further information, we have offices in Coventry, Warwick, Balsall Common & Southam & cover the whole area and beyond.

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At Brindley Twist Tafft and James, our highly experienced Private Client team understand these difficulties and can offer guidance and support in a tailored way to suit what your needs are. 

We can offer assistance starting from an initial appointment providing you with advice on how to deal with things yourself, right through to instructing us to deal with the whole of the administration of an estate on your behalf.  There can be lots of things to consider and our team will provide you with the practical and emotional support to help.

We recommend that you seek professional advice to ensure the correct processes and rules are followed. 

Please contact our friendly and supportive Private Client Department who will be happy to talk you through the processes involved. We have a dedicated Private Client team member located at all four of our offices in Coventry, Warwick, Balsall Common and Southam.

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Here at Brindley Twist Tafft & James, we offer an understanding and sympathetic approach to help you deal with these matters.

The first steps to take when someone dies is to register the death and to arrange the funeral.

The next stage is to ascertain who is eligible to sort out the person’s property and assets. This could be a person appointed in a Will if the person who has passed away left one, or it might be their nearest blood relative if there is no Will. This person is called the personal representative (“PR”).

The next step is to establish what assets and liabilities that person had. Depending on the value and complexity of those assets, a grant of probate or letters of administration (“a grant”) issued by the probate court may be required.  A grant is the PR’s legal authority to cash in or transfer those assets to the beneficiaries.  As part of the probate process, the PR will need to work out if there is any inheritance tax to pay. This will depend on the value of the estate and who it is passing to under the Will or the rules of intestacy. 

We recommend that you seek professional advice to ensure the correct process and rules are followed.  Please contact our friendly and supportive Private Client Department who will be happy to talk you through the processes involved. 

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