Since 2021, there has been a 65% increase in probate taking more than a year to be granted, with people reporting endless telephone waiting times, issues with paperwork being misfiled, or worse, completely lost.
Sadly, this happens all too often and whilst most applications take around eight weeks to process, paper applications can take much longer. The Probate Registry says up to 16 weeks but if often takes considerably longer.
Recently, Partner Jo Summers TEP spoke on BBC One's Rip Off Britain about the issue of probate delays which continues to have a devastating effect on bereaved families.
Jo, who is a partner in our Private Wealth & Tax team, discusses more about the probate process during the interview, and some of the ways to mitigate potential delays – from applying for a 'Grant on Credit' from HM Revenue & Customs if there are insufficient funds to pay the inheritance tax bill, to ownership of properties in joint names to avoid probate altogether.
On the programme, hosted by Gloria Hunniford and Julia
Somerville, Georgina Smith from Essex spoke about the lengthy,
costly and emotionally draining effect of the wait for probate to
be granted on her father's estate. It wasn't until 21
months after his death that she could even start the application
for probate, following a host of delays and lost
applications.
According to Jo, the best thing you can do when navigating the
probate process is seek the advice of a qualified (and
appropriately insured) lawyer who is a also a member of STEP
– the Society
of Trust and Estate Practitioners.
Watch the full interview on BBC iPlayer – Series 16, episode 19 – (18m 30 secs)
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
