31st December – Professionals ONLY – new contact arrangements – call 0300 303 0648 or email firstname.lastname@example.org
Probate Disputes/ Arguments 20th December 2019 We have just discovered that there may be a delay of up to 5 months in making copy Wills and Grants available after probate has been granted. This WILL lead to cases where it is (in theory) too late to contest a Will or Grant within the normal 6 month time limit. It will be at a judges discretion whether to accept an out of time application, which means more cost and delay. This makes earlier action if there may be a dispute more important, and we have a number of excellent firms who can help in such cases at relatively modest cost. Don’t wait until there is time for the money to be gone!!
Current Probate Delays as at 12th December 2019 are one month but only for NEW CASES. Existing cases are NOT being prioritised, which we consider NUTS (a technical term!) If it is over 8 weeks it may be the case that the Registry are waiting for you to pay, for HMRC clearance, or just for a reply to a query they have raised. If not, and NOT BEFORE 8 weeks, email email@example.com who we are told will expedite things.
It still seems to be pretty much a waste of time to phone Registries, except to make payment on their payment only line. Personally, I would send a cheque to save time. Always used Recorded or Special Delivery.
We did have one enquiry where it turned out that the grant had been issued months before, but for one reason or another, never turned up in the executors’ post! You can check if a grant has been issued HERE and also obtain a copy. Make sure the probate delay is real!
We can’t help with probate delays directly, being a private company, but if you read on you will find out what you can do if the probate registry has not issued your Grant of Probate or Letters of Administration within 8 weeks of it being submitted and complete. The clock stops if the Registry asks any further questions until those questions are fully answered.
As the proposed fee increases have been dropped, for the moment, things should get back to normal.
Please be aware that the majority of grants are printed and posted from bulk printing and that grants can take up to 48 hours to be posted (more over a weekend) after the 4 weeks so please allow up to five days for delivery.
Do not to commit to an exchange or completion deadline when putting properties on the market to sell without Probate being in place as long probate delays may not be able to accommodate these until the backlog has cleared.
All cases were being processed in date order, a policy which has now been amended to leave those already facing longer probate delays worse off. Please note all registries are working to the same time scales and if need be, work is being shared to ensure that all Registries are issuing around the same date.
Please only contact the Registries about probate delays if the matter is extremely urgent or if you believe your application was received by the Registry more than 8 weeks ago, and then use the firstname.lastname@example.org email.
They are unable to expedite an application for any other reason.
- Copy Wills
Although no copy will is automatically provided with the grant, please ensure that you submit two plain, uncertified A4 sized copies of the will with your applications.
- Calls from clients
- recent probate delays had lead to an increase in telephone calls received from executors/administrators to chase the progress of an application on the advice of their solicitor. While the Registrars understand the frustration of executors, they ask that this is not suggested to clients as they are unable to discuss any aspect of the application with them UNLESS they have made a personal application.
Please be aware that the majority of grants are printed and posted from bulk printing and that grants can take up to 48 hours to be posted after the above date and so please allow up to five days for delivery.
Please be assured the team are continuing to do all we can to process these cases as quickly as possible.
- Copy Wills
If your application was straightforward…
According to the Ministry, probate cases that have not been granted within 8 weeks need investigating PROVIDED that the Registry has raised no questions with the executor. This stops the clock and the 4 weeks does not restart until the question has been fully resolved.
If, and ONLY if your case meets these criteria, email probatefeedback@Justice.gov.uk about your probate delay.
Birmingham Probate Registry closed on 31st August. We understand paper applications have been sent to Newcastle. Others will be dealt with by Courts & Tribunals Service Centres (CTSCs) one of which is apparently in Birmingham, but not in the old building.
This is the situation as we understand it:
STOP PRESS 1 Now we are told something quite different: a series of specialist centres “CTSC” – Court & Tribunal Service Centres are being set up, the first being at Birmingham which will be dealing with online applications at a different address, 54 Hagley Road, Birmingham B16 8PE – we have been unable to find any further contact details as yet (let us know if you do!) We understand this one is operational. A further one will be opening at Stoke at Bennett House, Town Rd, Stoke-on-Trent ST1 2QB at any time, and others will follow including Loughborough late 2019 early 2020, but probably with different roles. What will happen to existing Registries is unknown but one suspects the idea is to sell off as much as possible then rent to provide a temporary cashflow advantage.
STOP PRESS 2 – We are told that the backlog has largely been dealt with and current applications should be dealt with in less than a month. This is what we previously reported: Registries OVERWHELMED with demand. You will NOT get an update on your application from them as we understand it, just a recorded message! They are just concentrating on getting cases through without interruption. All applicants can do is sit and wait. We are told by the public that Grants can take well over 3 months (4 not being uncommon) we are told) instead of 2 to 4 weeks to be issued. Phone payments – one solicitor’s experience was over 5 hours to get through to the payment line!
ADVICE: Play it safe, triple check the forms, send by recorded or special delivery, pay by cheque or bank draft and check that is paid in by the Registry. Then sit and wait. We suspect waiting times would come down if everyone was not chasing up their grants!