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Avoid legal delays when a loved one passes away

8 November 2024

The death of a loved one is a really devastating thing to process.

In additional to the emotional turmoil that ensues, sometimes you are then required to attend to the property and financial affairs of your loved one.

In most cases where a house or a certain type of assets involved you will need what is called a Grant of Probate to deal with those assets.

A Grant of Probate is issued by HM Courts and Tribunals Service (HMCTS) and is (mostly) an online process with a paper part of the process that follows that.

HMCTS has been working with huge backlogs in processing probate applications since the start of the COVID-19 pandemic. It has been reported that the application time doubled from April 2022 to April 2023 and our probate practitioners are seeing applications take up to 16 weeks to be processed. In rare cases, the wait time is even longer with reports of up to 9 months.

At the outset, an executor has to understand which type of probate application to make as there are various types and modes of application depending on the will/absence of a will, and nature of the assets, to name a few.

Our lawyers have found that signposting clients early in the process really helps them in avoiding unnecessary delays later.

One cause for probate delays is the necessity to submit the appropriate Inheritance Tax (IHT) number with the probate application itself. There is a waiting period for the tax number before submitting the HMRC part of the probate application and can lead to the application being stopped.

Here are some additional factors that assist executors in attending to probate matters promptly:

1. Knowing what assets the deceased owns;
2. Having information about these assets to hand;
3. Knowing where the latest Will is stored;
4. Having instructions given by the deceased on preference for funerals, belongings, other important matters.

This is not an exhaustive list of course.

In our experience, it is difficult and costly to try and resolve delays once an application is with HMCTS. However, seeking appropriate legal assistance with the estate administration early on in the process will help to ensure all information needed for the application is collated correctly and the right method observed so that these unnecessary delays are avoided.

In addition, you can also mitigate such potential delays upon your death by ensuring that you have a Will in place. This will potentially give your executors the chance to avoid the paper application delays and allow them to apply online.

This article was written by Redkite Solicitors,  Amy Cooper-Davies. To find out more about Amy and the support that she can provide to you, visit her website profile here: https://www.redkitesolicitors.co.uk/team/amy-cooper-davies/