Many families in the UK are finding themselves waiting months or even over a year to hear back from HMCTS (HM Court & Tribunal Service) in relation to probate.
This issue was investigated in a long read in the Financial Times last weekend.
A System Under Strain
Probate, the legal process that grants executors the authority to manage and distribute a deceased person’s estate, is facing unprecedented delays. Before the pandemic, most probate cases were resolved in a matter of weeks.
Today, however, it is common for the process to drag on for several months. For some families, this means extended periods of uncertainty.
Financial Implications for Families
The financial impact of these delays can be severe. In one case, the family was burdened with maintaining an empty property; paying higher insurance premiums and utility bills while waiting for probate. For others, delays have led to missed opportunities to sell properties or even additional interest charges on inheritance tax, which is due six months after death.
A Bottleneck at HMRC
Bottlenecks at HM Revenue & Customs (HMRC) are a major contributor to these delays. The process of settling inheritance tax ties up probate applications, creating a situation for executors where they cannot sell assets to pay the tax without first obtaining probate.
Many families report that HMRC’s slow response times and lack of communication exacerbate an already demanding situation.
Efforts to Improve the System
The Ministry of Justice and HM Courts & Tribunal Service (HMCTS) have acknowledged the problem and are taking steps to address it. This includes hiring more staff and investing in training to improve the processing of more complex cases.
While these efforts have reduced the average wait time for digital applications to 5.9 weeks, paper applications can still take over 14 Â weeks, with some cases dragging on for nearly half a year.
Expert Advice: How to Mitigate Delays
Legal experts suggest several ways to mitigate the impact of probate delays:
Ensure Your Will is Valid: Having a correctly executed will. This means ensuring it is properly dated and any issues are addressed before they become a problem.
Utilise Trusts: Setting up trusts, such as life assurance policies assigned to a trust, can allow funds to be accessed by beneficiaries more quickly, bypassing the need for probate.
Jointly Hold Assets: Jointly held assets, like property and bank accounts, automatically transfer to the surviving co-owner, which can simplify the probate process and ease financial stress.
Looking Ahead
Despite efforts to reduce waiting times, the probate system in England and Wales remains under significant pressure.
For now, those involved in probate are advised to prepare as much as possible and seek professional advice to navigate the complexities of the system. By taking proactive steps, families can reduce the risk of prolonged delays and the associated financial and emotional costs.
How can Level help?
In situations where delays are causing financial strain on Executors or Beneficiaries of an estate, Level offers funding solutions that provide the support you need to move forward.
We specialise in helping individuals secure the financial assistance necessary during the inheritance process. Whether you're looking for funds to pay inheritance tax, testamentary expenses such as property maintenance or need an advance on your inheritance, our Estate Expense and Inheritance Release solutions are here to help.
With no credit checks required and repayments made directly from estate proceeds, we simplify the process for you. Apply online today to discover how we can assist with your financial needs.
If you’d prefer to speak with a member of our team, please feel free to call us at +44 (0) 20 7205 2870.
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