EW probate delays: September update

Emily Deane TEPUpdate 22 October: HM Courts & Tribunals Service (HMCTS) has confirmed legal professionals and personal applicants will be able to call the Birmingham Courts and Tribunals Service (CTCS) from 4 November for an update on any application in England and Wales, provided it has been uploaded to its system.

The CTSC will be able to confirm:

  • if the application has been received;
  • where it is being dealt with;
  • the current level of service in that registry;
  • when its expects the grant to be issued;
  • whether a ‘stop’ is in place.

This information will be passed to the registry which will contact the legal professional/applicant directly.

HMCTS hopes to have the staff resource to open the Birmingham CTCS Monday to Friday from 8am to 8pm, and on Saturday mornings from 8am to 2pm.

Contact details for this service will be available shortly.

In the meantime, please email probatefeedback@justice.gov.uk for queries rather than contacting individual probate registries.

Update 10 October: STEP met HMCTS at its Birmingham office yesterday where a few key points were made:

  • HMCTS is now issuing almost 7,000 grants a week.
  • It is inputting information received within three days.
  • It has confirmed that the Birmingham CTCS office can be called for an update on any application in England and Wales. It has a proper telephony system, and an agent will always answer a call and have access to the central system.
  • If members use the new online service, they will be notified by email if there are any issues, rather than by post. This may accelerate the speed of their application moving forwards.
  • HMCTS hopes to have the staffing resources to open the Birmingham CTCS office on Saturdays from 8am-8pm shortly.

Original blog 10 September: STEP met HM Courts & Tribunals Service (HMCTS) this week, together with The Law Society, the Institute of Chartered Accountants in England and Wales, and Solicitors for the Elderly, to obtain an update on the delays and disruption to the Probate Service in England and Wales.

HMCTS gave us the following update on work undertaken since our last meeting on 27 June.

Timescales

HMCTS is still receiving 700-800 applications a day from personal applicants and professional applicants.

It has processed 98,000 grants since April and has a backlog of applications from March.

It has increased staffing levels by 20 per cent.

It is striving to get back to its pre-March level of service, which was a 28-day turnaround for personal applicants and ten days for professional applicants.

It acknowledges that performance has not been acceptable but anticipates that delays will reduce over the coming weeks.

Stops/errors

HMCTS estimates that approximately 20 per cent of applications from professionals, and 25 per cent of personal applications need to be stopped for a variety of reasons. The most frequent problems are thought to be:

  • the IHT421 form has not yet been received;
  • not all executors have been accounted for;
  • the will has not been included;
  • names are spelt incorrectly; and
  • the forms have not been correctly signed.

The new online system (see below) will be able to more accurately identify the reasons for the stops and it is hoped this feedback will lead to fewer delays and a more streamlined process.

It is worth noting that when an application is stopped it takes some time for the registry to reconnect the paperwork. 

New system

The new online application system for professionals is due to be introduced by the end of October. Users will be able to register their organisation on the website, with no need for an invitation from the registry.

Each organisation will have a single login, to include all those using the service. Organisations will be able to suspend or terminate a person’s access if they are no longer using it.

Once registered, details of applications will be uploaded within 24 hours.

All of the main types of application will be available at launch, although some of the less frequently-used applications make take longer.

Key messages

HMCTS is encouraging registry staff to communicate via email, rather than post.

The digital pilot will be transferred in early October and launched by the end of the month.

HMCTS’ eventual aim is to digitally interact with HMRC on future applications, to reduce the delays and complications of paper trails.

The implementation of the new probate fee regime is not high on the political agenda, due to continued disruption and the prorogation of parliament.

HMCTS continues to apologise for poor service.

Emily Deane TEP, STEP Technical Counsel