Drastic staff cuts, particularly at senior levels in the Probate Service, are causing increasing delays for bereaved families trying to unlock estates, legal experts say.
Longer waiting times are causing emotional distress for family members as property sales collapse and crucial investment loss tax recovery deadlines are missed, lawyers previously warned.
The Probate Service shrank by more than a third from 188 to 123 staff in the three years to 2021/22, according to Justice Department figures obtained in a freedom of information request by law firm Nockolds.
Probate Delays: Next of kin must complete the process to access a loved one’s money and settle their estate (Stock Image)
This official data also showed that the number of more experienced employees at board level and above more than halved during this period, from 65 to 29.
In the highest ranks of the Probate Service, senior executive officers were reduced from 12 to one, and at the boss level from four to two.
Applying for probate is an essential step in taking control of an estate after someone dies, allowing executors to access bank accounts, settle debts, and arrange bequests, but lawyers and money experts have noted problems in the process experienced by their clients.
The probate service is run by HM Courts and Tribunals Service, although controversially some work, such as scanning of wills, has been outsourced.
Since last December, HMCTS has recruited and trained 100 new employees.
It was approached for comment on the personnel figures released under the FOI request, but did not respond at the time of publication. HMCTS’ previous statement on probate delays is here.
But the sharp drop in the number of experienced staff processing probate applications suggests delays could worsen, Nockolds says.
“The huge increase in delays in more complex probate applications is explained by the sharp drop in the number of more experienced employees,” says partner Sarah Lockyer.
“Many of these matters will require a higher level of legal knowledge and judgment, and while streamlining the service should be welcomed if it brings cost and time savings to those using it, the reverse appears to be the case.”
Removing experienced personnel from the court, only to suffer such severe delays that it results in the necessary hiring of more than 100 untrained new recruits, seems like a series of bad and costly decisions
Jade Gani, CEO of Circe Law
She adds, “The deterioration in probate service timeliness coincided with a significant increase in fees.”
Inheritance payments were increased by 27 per cent in January 2022 to a flat fee of £273.
If you use a professional, such as a lawyer, the increase was 76 percent because the large discount for this was removed. Probate fees are waived for estates worth £5,000 and less.
Nockolds reiterated his previous complaints that about half of the probate cases it currently handles are still unresolved 12 months after the death, and that next of kin are “at their wits’ end” and facing financial difficulties due to delays.
The STEP Organization of Probate Professionals said of Probate Service staffing figures: “These data confirm the experience of many STEP’s expert members that a reduction in senior probate service personnel is part of the reason for delays in probate granting.”
“These delays can cause significant problems for families who may need probate to resolve financial matters, such as selling the family home.
“We recommend that married couples consider joint accounts to avoid the distress that probate delays can cause.”
According to the latest official figures, the average waiting time for both paper and digital applications from filing to probate was 10.8 weeks in the first three months of the year, compared to 9.6 weeks in the last quarter of 2022.
The average delay for digital applications, which tend to be faster, increased from 7.3 weeks to 8 weeks over the same period.
Delays are often caused when applications are stopped because of a dispute, a problem with a will or errors in applications, legal experts say.
‘The majority of the cases we’ve seen last around 20 weeks’
“Dropping experienced court personnel off the court only to incur such severe delays that it results in the necessary recruitment of more than 100 untrained new recruits seems like a series of poor and costly decisions,” said Jade Gani, Circe Law’s CEO and principal. of Lawyers for the elderly.
“Bereaved families can’t get the closure they need as delays add to the overall administration of their loved ones’ estate.
“I’m aware of some “simple” online applications that have been returned to practitioners within six weeks, but most of the cases we’ve seen are around 20 weeks. This is really not good enough.’
Amy Wallhead, a partner at Culver Law and also a director of SFE, says: “In addition to the fall in property and stock prices due to the delays, there is also the outstanding estate tax interest.
“While the families wait to access the money, estate tax is charged. At the beginning of this year that was still 5.5 percent and now it is 7 percent.
“In addition, there are other problems for families who do not have access to the funds of the deceased. For example, not being able to pay healthcare costs for loved ones.
“I’ve heard of cases where not being able to access bank accounts or sell a home to release money causes problems in paying for bereaved care. [and] beneficiaries of the estate where these assets are now included in any financial assessment to pay for care.”
