Probate delays surge – a 65% rise in year-long cases unveiled by Quilter FoI data analysis

22 April 2024

New analysis of Freedom of Information (FoI) data obtained from the Ministry of Justice by Quilter, the financial adviser and wealth manager, has found that the number of probate cases taking over a year to be granted has risen by 65% over the last three years.

In addition, the number taking just under two years to be granted has also risen by 65%. This is despite the data only running for nine months of 2023.

This comes as the Ministry of Justice confirmed that despite the poor service levels, the standard probate fee will increase by 10% to £300 from May 2024.

According to the government, someone should usually get the grant of probate within 16 weeks of submitting an application.

A grant of probate is a legal document that confirms the authority of the executor(s) named in a deceased person's will to manage and distribute their estate according to the will's terms.

It is required in many cases to access the deceased's assets, such as bank accounts, property, and investments.

After someone dies, their assets are usually frozen. To access, gather, and distribute these assets, the appointed executor(s) need legal authority. The grant of probate provides this authority, ensuring that the executor can legally carry out the wishes outlined in the will.

To apply for grant of probate ensure you have the deceased’s original will and death certificate on hand. Additionally, you need to ascertain the total value of the deceased's assets and liabilities, and complete and submit the specific forms to the Ministry of Justice.  

Delays in obtaining a grant of probate can have several adverse effects:

• Financial strain: When probate is delayed, the deceased's assets, including bank accounts, remain frozen. This can prevent beneficiaries from accessing funds they may be relying on for living expenses, creating financial stress.
• Property and asset management: Properties that remain in the deceased's name cannot be sold or properly managed without probate. This can lead to issues such as homes falling into disrepair, depreciation of property value, or missed opportunities to sell assets at a favourable time.

• Investment risks: Investments held by the deceased cannot be managed or reallocated without probate. This inaction can lead to missed investment opportunities or losses if the investments depreciate in value during the delay.
• Tax liabilities: Estates are sometimes subject to various taxes, such as inheritance tax, income tax, or capital gains tax, depending on the jurisdiction. Delays in probate can lead to late payment penalties or interest charges. Furthermore, executors might miss deadlines for tax advantages due to delays.
  
  
• Distribution delays: Beneficiaries waiting to receive their inheritance may face financial or personal difficulties. Delays can strain family relationships, especially if beneficiaries feel the process is not being managed efficiently.
  
  
• Legal challenges: Prolonged delays in probate might lead to increased chances of disputes or challenges against the will. This could further delay the distribution of the estate and incur additional legal costs.
  
  
• Utility bills and debts: Ongoing expenses such as utilities, insurance, and mortgages need to be paid. Delays can complicate the management of these bills, potentially leading to lapses in insurance coverage.
  
  
• Emotional stress: The period following a death is already a difficult time for friends and family. Delays in the probate process can add to the emotional strain, prolonging the period of uncertainty and making it harder for everyone to find closure.

Shaun Moore, tax and financial planning expert at Quilter says:

“In the midst of grief, executors —often close kin or friends — face the added burden of navigating the probate maze. The increasing length of time it is taking HMCTS to grant probate will just add to the stress of the process.

“With probate wait times soaring, the emotional toll intensifies. Despite there being an increase in the number of people submitting their paperwork digitally it is clear that HMCTS is struggling to keep up with the workload causing these longer wait times. This can have huge ramifications for a family. It is natural that more complex estates will take longer for probate to be granted but the increases in wait times across the board is cause for concern.

“For anyone worried about this, having your estate as organised as possible before you pass is the best course of action. This can include simple things such as utilising trusts during someone’s lifetime, moving assets out of the estate so that they’re not part of the probate process. For example, you can place life insurance policies in trust. Upon death, the life insurance benefits are paid to the trustees and can be distributed, prior to probate, as per the terms of the trust.

“While it is impossible to predict how long you might live it is never too soon to start thinking about making lifetime gifts. This not only removes an asset from your estate for probate purposes but a gift made seven years prior to your passing may also help reduce any Inheritance tax liability.

“Finally, engaging a financial adviser to help with your estate planning and getting a will in place can help make the process easier for both the executors and HMCTS.”