25 Sep 2023

Today (25^th September) the BBC broadcast an edition of ‘You and Yours’ highlighting the serious delays caused by the way the Probate Service is dealing with probate applications submitted both by solicitors, but also by personal applicants. (Available on BBC Sounds here:

https://www.bbc.co.uk/sounds/play/m001qt8y).

This has been caused – no matter what the official line may be – by the extremely regrettable step of centralising the probate service instead of allowing the local Registries (we had one in Cardiff and a sub-Registry in Carmarthen until a couple of years ago) to provide the great service that they did. Our local Registry was very helpful, and would often discuss complex cases with us to help avoid any delays for our clients. Sadly, it is not possible to speak to such a person any more in this age of ‘progress’.

A fellow member of STEP (The Society of Trust and Estate Practitioners) has warned that applications are taking up to nine-months which, only a few years ago, would have been almost unthinkable.

As is raised in the programme, applications can be made electronically in most circumstances – and we have access to the Court systems to allow this – but some applications need to be made on paper, and therefore take considerably longer for the probate service to process.

This shows the importance of ensuring that the applications are made with all of the necessary information from the start, and that there are no errors or omissions which could lead to further delay.  Our Wills, Trusts and Probate team is very experienced in making many different types of applications. For example:

• Applications where the executor has died, and no replacement is appointed.
• Applications where there is no Will, and the only beneficiary is a minor.
• Applications where the executor lacks capacity.
• Other applications to deal with specific issue – such as preserving an estate whilst a full account is given, or where the estate in involved in litigation in the Court.

We understand how distressing delays can be in dealing with an estate, and we ensure that we take all available steps to deal with matters as swiftly and efficiently as is possible.

If you are appointed as an executor, and you would like support in applying for probate then do not hesitate in contacting us on 01633 867000.