A few months ago, the Justice Committee launched a new inquiry into probate. Probate is the legal term for sorting a will, while there are some serious concerns regarding delays in the processing of applications. The waiting time for probate doubled from April 2022 to April 2023 with some cases taking more than eleven months, this resulted in probate lawyers having to advise their clients that their waiting times could be nine months or more.

Probate law involves the identification of a deceased person's assets, paying off debts, and sharing out the remaining estate based on the deceased person's last will and testament. Properties can not be sold and money can not be divided until a grant of probate is issued by the HM Courts and Tribunals Service. Inheritance Tax must also be paid in full before the grant is issued.

A recent inquiry examined the experiences of people applying for probate, along with the effectiveness of support received by the executors, beneficiaries, and bereaved. The analysis related to the Probate Registry. Probate concerns have risen in the last five years with the waiting time almost doubling over a one-year period.

Families throughout the country are facing serious challenges in the navigation of the probate system in the UK. There are reports of rogue traders, poor practices, and major delays. This is exceptionally difficult for those who are also trying to come to terms with the loss of their loved one. The Justice Committee invited written submissions to be received no later than 22 January 2024 that addressed key questions.

Sanjay Panesar, a Senior Partner at Rainer Hughes, said “As probate lawyers these delays have been frustrating, not only for us to assist our clients, but especially for our clients. It is stressful and concerning. They are trying to come to terms with losing a loved one and then still trying to navigate this complex system. Currently, the Justice Committee is trying to identify the cause of the delays in issuing the grants of representation and what can be done to overcome the current delays.”

Sanjay Panesar went on to say “They are also focusing on technological advancements to improve the future operation of the probate system. They are also questioning the fees, rogue traders, and the support provided to executors and beneficiaries.”

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