Decline in probate delays is a good first step
Although a decline in probate delays shows promising momentum in improving the probate process, more needs to be done, claims the Law Society of England and Wales.
HM Courts and Tribunals Service (HMCTS) published its monthly management information* on probate applications, which took an average of 9.3 weeks to process in July 2024, compared to 14 weeks in the same month last year.
There were 32,002 applications processed, compared to 22,922 applications processed in the same month last year.
Law Society president Nick Emmerson said: “The decrease in probate delays is promising, but more should be done. Delays to the probate service can be devastating for families and loved ones during their time of grief.
“New statistics show that HMCTS has issued more probate applications each month than it has received, allowing for a decline in outstanding caseload. The timeliness of processing these applications has improved and must continue improving.
“The steps HMCTS has taken to address the issue of probate delays have largely come about through its regular engagement with our Probate professional user group.** We are pleased to see that HMCTS has responded to the group’s feedback.
“It is also reassuring that HMCTS is incorporating the recommendations we made to the Justice Select Committee’s inquiry into the probate service, such as the ability to track paper applications online, build staff capability and reduce the number of stopped applications.***
”We welcome these essential changes and urge the government to maintain its current momentum in reducing delays to the probate service. Only then can families and loved ones have peace of mind.”
Notes to editors
*Read the HMCTS management information for July 2024. The figures reveal the volume of probate applications, as well as the timeliness of processing such applications.
**The Law Society formed the user group in 2018 due to the increasing delays. It reviews service performance and shares feedback directly with HMCTS.
The group consists of HMCTS, the Law Society, Society of Trust and Estate Practitioners (STEP), the Association of Lifetime Lawyers, Institute of Legacy Management (ILM), Chartered Institute of Legal Executives (CILEx), Institute of Chartered Accountants in England and Wales (ICAEW), Remember a Charity.
***In November 2023, the Justice Select Committee launched an inquiry into the probate service, which the Law Society submitted evidence to.
Read our evidence to the Justice Select Committee
Following the announcement of the general election, work on this ceased.
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