The latest analysis of Ministry of Justice data shows there’s been a 65% increase in year-long probate cases. The delays have been a result of the closure of local district probate registries, changes in procedure and the additional pressure COVID brought upon an already stretched system.
The hold-ups continue to cause significant emotional distress and financial losses for families who are already facing a difficult time in their lives.
An inquiry was launched by the House of Commons Justice Select Committee to investigate the issues. Unfortunately, the committee was disbanded, and the inquiry suspended, when the General Election was called. The inquiry has been halted, but the issues with the probate service haven’t gone anywhere.
In place of a full report, committee chair, Sir Robert Neill KC MP, wrote to Parliamentary Under Secretary of State, Ministry of Justice, Mike Freer MP to highlight its findings.
Recommendations for Reform
The inquiry outlined several recommendations for a more effective probate system.
These include:
- A public report detailing the reasons for the failures to prevent future issues.
- Collaboration with relevant groups to tackle problems like empty homes and care home debt linked to probate delays.
- Increased transparency through sharing more data on caseloads and processing times.
- Regulating the will writing sector to protect consumers – many will writers aren’t currently regulated so it’s always safest to seek advice from a qualified lawyer.
You can read the full probate inquiry letter from committee chair, Sir Robert Neill KC MP, here.
The inquiry highlights the importance of a well-functioning probate system. It urges swift action to regain public trust and implement reforms that improve the probate process for everyone involved. These changes are vital to ensure minimal distress and financial loss for grieving families going forward.
Whilst we await the result of the general election and the impact that will have on probate reform, our team of England and Wales probate specialists are available to give advice on the best way to move forward. Please get in touch with us to discuss further.
Contributor
Senior Solicitor
