STEP meets HMCTS to discuss EW probate delays

Emily Deane TEPSTEP met HM Courts & Tribunals Service (HMCTS) this week to discuss the backlog of applications and continued disruption to the Probate Service.

HMCTS representatives explained its old database needed to be upgraded, which had prompted the decision to move to digital software. The new system was scheduled to go live in January but was delayed until 25 March following technical glitches. HMCTS explained that it had not anticipated this level of issues with the technology, in conjunction with such a high spike in probate applications.

The following points were raised:

  • HMCTS has brought in 15-20 more people for the national office; a 10-15 per cent increase in those working on the backlogged applications.
  • The remaining probate registries will be closed over the next 12 months. Staff will be given six months’ notice and HMCTS expects to help them all find other roles in the civil service.
  • The new digital system is being delivered from the Courts and Tribunals Service centre based in Birmingham. HMCTS is keen to get more solicitors using the digital pilot, and will be looking for volunteers shortly. This pilot will enable solicitors to issue up to 250 applications per week.
  • Cases are taking up to 30 working days to be processed at the moment.
  • The Probate Registry will publish regular bulletins to improve communication with the public.
  • HMCTS assures users its existing Registry staff are working hard to get through the applications, and issued 960 grants on a single day this week.
  • HMCTS requests users not to chase applications, as they are being dealt with by date order.
  • HMCTS is currently up to date with caveats.

STEP expressed its disappointment that the court service was not better equipped to deal with the spike in applications. The Ministry of Justice had issued reassurances earlier this year that the court service was prepared for an increase due to the proposed increase in probate fees. STEP noted HMCTS was ill prepared to merge the new online system, change the format of the certificate, close registries and cut staff all at once. 

STEP repeated its suggestion that HMCTS should change the fee implementation date to the date of death for applications, to relieve the pressure and generate some goodwill amongst the industry and the public. The idea should be seriously considered, given pressure on practitioners and members of the public is considerable, and is causing a great deal of anxiety. 

STEP has also provided feedback to HMCTS on errors in the new-style grants that members have received, together with feedback on how they could be improved. We have explained why the will should continue to be annexed to the grant of probate, and the difficulties caused if it is not.

The Statutory Instrument to increase probate fees is still waiting to be scheduled for approval in parliament, and we will continue to monitor and report any developments (latest update).

Emily Deane TEP, STEP Technical Counsel

17 thoughts on “STEP meets HMCTS to discuss EW probate delays

  1. Called the Leeds Probate Registry on 24th May and was told that they were currently dealing with applications received on 14th April. I have so far waited 8 weeks for one of my applications.

  2. “HMCTS explained that it had not anticipated this level of issues with the technology” staggeringly incompetent if you ask me. Where was the testing and benchmarking of this new system. Id love to get my hands on the minutes of the IT development meetings I can guarantee there are concerns being raised by the existing operators warning that there could be significant issues ..yet no doubt the Stakeholders will have looked at only one objective – reduction in workforce costs, and here we are paying for their buffoonery, only it isn’t amusing. 13 Weeks delayed and counting here.

  3. Our probate papers sent by solicitor on 16th March still waiting that’s almost 12 weeks, appalling delay jeopardising our house sale.
    30 working days simply not true

  4. Yes there is a delay. How long before it is sorted is the question. So far I have waited 13 weeks. London office does not appear to be an answering it’s phone so what can be done. It was said that there is a bulletin, but cannot find. How long before I physically go to the London probate office to find out how long the delay will be.

  5. Where can one find a copy of the HM Courts & Tribunals Service Bulletin on the delays. London in particular – they are not answering their phones at present so the bulleting would be ideal.

  6. My Father passed away in January of this year 2019. His estate was completely in order…i.e his will, bank account, etc.
    My family are still waiting for the probate to be granted and have just been informed that this may take another 6-8 weeks for completion.
    Does anyone know if a reduction in the court fee is appropriate as this delay for my family and many thousands of others wasn’t of our own doing.

  7. I’m waiting on probate that went in on 4th April in the Bristol area. Any regional variations on waiting time that you are aware of? Solictitors have been told “minimum of 2-3 months”. Ambiguous and without a maximum estimate!

  8. Would someone who has had their probate returned completed be able to give their input here? Would love to know how long it took in the end! I’m in Bristol.

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