The number of bereaved families waiting six months or more for probate has more than doubled, but the Government promises it is training extra staff to rapidly increase processing of applications.
Applying for probate is an important step to gain control over an estate after someone dies, allowing executors to access bank accounts, settle debts and sort out bequests.
Families having to wait at least six months jumped from well over 5,000 to 10,100 in the year to 2023, and the most recent figures dating from early 2024 suggest it was on a similar track again last year.
The number experiencing a delay of a year or more spiked to nearly 1,400 in 2023 and was also on course to beat that figure in 2024, according to Ministry of Justice data obtained under a freedom of information request by Quilter.
The financial services firm warns plans to make pensions liable for inheritance tax from spring 2027 is likely to worsen delays to getting probate.
And Steve Webb, former Pensions Minister and This is Money’s retirement columnist, says the change could create ‘a bureaucratic nightmare’ for grieving families who will have to round up information from pension firms, delaying the start of the probate process.
> How to avoid probate delays: A lawyer offers tips on pre-empting common problems below
Inheritance tax is payable on an estate if it is worth at least £325,000, but there are higher thresholds available especially if you are married and leave your home to direct descendants – read our guide to inheritance tax.
Families have to work out if inheritance tax is payable, and if so settle the bill with HMRC, before probate is granted and they can access the deceased’s money – ways to pay inheritance tax upfront are explained here.
Webb said in response to the probate delay figures above that the proposal to include pensions in the inheritance tax net will make matters much worse.
‘This could mean far more people still trying to wrap up someone’s financial affairs more than a year after their death,’ he told This is Money.
The Ministry of Justice says the main cause of probate delays is missing inheritance tax information, where applications for probate are made before inheritance tax is resolved with HMRC. Other causes of delays include missing documents and missing executors.
A Ministry of Justice spokesperson says: ‘Most probate applications are being granted within eight weeks and we are working to reduce waiting times for applicants.
‘This includes training our staff to deliver further improvements which has resulted in record numbers of grants being issued in recent months.’- see below for more on what the MoJ is doing to reduce delays.
Quilter says the figures it obtained from the MoJ highlight the ongoing strain on the probate process even before pension wealth becomes part of the process in April 2027.
It points out that a grant of probate, which confirms the authority of executors to manage and distribute an estate, is required in many cases to access the deceased’s assets, such as bank accounts, property, and investments.
Quilter says delays can have the following adverse effects.
– The deceased’s assets, including bank accounts, remain frozen, creating financial stress for beneficiaries.
– Properties in the deceased’s name cannot be sold or properly managed, leading to potential depreciation or disrepair.
– Investments cannot be reallocated or managed, potentially resulting in financial losses.
– Late payment tax penalties can arise and tax advantage deadlines can be missed.
– Beneficiaries may face financial or personal difficulties and emotional stress waiting for an inheritance, exacerbating family tensions.
Jon Greer, head of retirement policy at Quilter, says: ‘With pensions set to become part of the taxable estate from April 2027, the situation is only likely to worsen.
‘Pension schemes often remain unaware of a member’s death immediately, delaying legal and tax processes. This means legal personal representatives will face an even greater burden, consolidating information across multiple pension schemes.
‘Executors, often close kin or friends, will need to input detailed information, adding complexity to an already time-intensive task.
‘Pension schemes will have to decide whether to continue with discretionary processes for identifying beneficiaries, which can add significant time.’
Greer notes that HMRC charges interest on inheritance tax owed after six months following death, currently at a rate of 7.25 per cent.
Jo Summers, a member of the Step body of inheritance professionals and partner with law firm Jurit, says: ‘Step is encouraged to see that digital probate applications are taking less time but remains concerned that many families are still waiting well over a year for their probate to be granted.
‘There remains a significant backlog of applications and there is a real risk of this backlog increasing when pensions become subject to inheritance tax.
‘Step renews its call to the Ministry of Justice to continue the work of the previous Justice Select Committee [of MPs] on probate delays.’
Probate delays: Beneficiaries may face financial or personal difficulties and emotional stress waiting for an inheritance, says Quilter
Jade Gani, director at the Association of Lifetime Lawyers, says: ‘The alarming 134 per cent rise in year-long probate cases shows the immense pressure on an already overburdened system.
‘With the inclusion of pensions in taxable estates from 2027, we risk seeing even longer delays, compounding the stress for grieving families.
‘Executors will face increasing complexity, especially with multiple pension schemes involved.’
Gani says to minimise delays, it’s vital to plan ahead with a well-structured will and lifetime gifts, and professional guidance from legal experts can help families with the challenges.
What is the Government doing to cut probate delays?
The Ministry of Justice says it is taking the following measures to reduce the time it takes to apply for probate.
– We proactively identify older open cases that are stalled and collaborate with the involved parties to resolve them swiftly.
– Every day, we allocate our resources to both new and paused applications, based on the original application date rather than the date when the evidence was received.
– The latest HM Courts & Tribunals Service management information shows that paper applications take 12.3 weeks. Paper applications that are stopped pending further information take on average 23.2 weeks.
– The information shows around 80 per cent of probate applications are completed digitally, and the wait time for these is 2.9 weeks, with applications in June 2024 being dealt with four weeks quicker than June 2023 on average.
– The total open caseload is 41,000, of which 9,000 cases are workable – meaning they are open cases that are not stopped or waiting for documentation or other further information from the applicant. The total workable caseload is at its lowest point since February 2023.
– As with any court proceedings, there will be instances where some applications take longer than others due to their complexity or additional information being needed from the applicant.
– We are working hard to reduce waiting times for applicants including by training more staff to rapidly increase the number of grants processed. However, the main cause of probate delays is missing inheritance tax information where applications for probate are made before inheritance tax is resolved with HMRC. Other causes of delays include missing documents and missing executors.
How to avoid probate delays
People can face significant wait times if their applications are ‘stopped’ for some reason, warns Michael Culver, chair of the Association of Lifetime Lawyers (formerly Solicitors for the Elderly).
If you’re handling the probate process yourself, Culver suggests the following tips to pre-empt some of the common problems.
Michael Culver: Once a probate application is stopped, it goes to the back of the queue and new cases take priority
1. If in doubt, seek out a Lifetime Lawyer to review your application before you submit it. Many of our members will happily review and provide feedback on any changes required for an agreed fixed fee.
If applying online, you can share your password and log-in details with your solicitor, but usually, it will send a code to your email so it’s best to do it in the same room where possible, or over the phone.
We recommend getting in touch with a lawyer for a fixed-fee meeting in the office. We’d ask you to bring all of their paperwork and log in details ready to review the online application together before making the submission.
In central London you might pay around £300 for a fixed fee one-hour meeting to review the online probate application, but this is assuming there’s no inheritance tax payable.
If there are inheritance tax forms to check, it wouldn’t be a fixed fee, as it would likely take three to four hours of additional work and the total could be closer to £1,000.
This will differ by region and per firm.
2. If tax is payable you need to obtain an additional code from HMRC to confirm the initial amount of tax has been paid before applying for probate.
The lack of a response or delay in issuing this code from HMRC is causing additional delay but waiting for the code prevents one of the main causes for an application being stopped.
3. Ensure all names match those within the will or explain why if there is a difference.
4. Explain why one executor isn’t applying for the grant if appropriate.
5. Ensure all documents including the original will are included when sending documents to HMCTS.
6. If there is no will, make sure you explain why you are entitled to apply for the grant.
7. Explain any anomalies or anything unusual in the extra information box on the application form.
8. Do not remove any binding or staples from the original will as this can cause the application to be stopped and questions to be asked about the condition of the last will. For instance, if the registrar can see that a staple has been removed, this may lead them to question whether they have received all of the pages of the will.
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