Registry errors and inexperienced staff are the driving force behind probate delays.
A survey of its members by inheritance advisers STEP, found 100 per cent of respondents have had a case cancelled because of probate delays.
In addition, 94 per cent have seen probate practitioners' reputations damaged due to members of the public not understanding why it took so long to wind-up estates.
Some 68 per cent of respondents said the key cause for their probate application being delayed was probate registry errors.
While 61 per cent highlighted that applications were delayed further because of a lack of senior staff to review them.
Emily Deane, technical counsel and head of government affairs at STEP, said: “We are urging HMCTS to consider outsourcing some complex cases to a limited number of experienced law firms. This would immediately help reduce the current backlog that leaves people in financial hardship, unable to access funds to pay their mortgage or other urgent bills.
“Practitioners are telling us that house sales are falling through due to probate delays. People are taking out loans to pay for inheritance tax which is due before probate is granted.”
In November 2023, the Justice Committee launched an inquiry into probate amid concerns over delays and consumer protection.
The inquiry is examining people’s experiences of applying for probate including how effectively beneficiaries, executors and the bereaved are supported through the process and protected from rogue traders.
It will also analyse performance data relating to the Probate Registry.
Speaking at the time, chair of the justice committee, Sir Bob Neill, said: “Concerns over probate have risen sharply over the last five years, with the waiting time for probate almost doubling in the last financial year alone.
“Families across the country have faced challenges in navigating the probate system, with reports of rogue traders and poor practice, as well as significant delays. My committee wants to examine how the administration of probate could be improved for people who are already coming to terms with the loss of a loved one.”
alina.khan@ft.com
