Anne Wijayarathne
Court of Protection
Probate Service in Crisis
The latest analysis of Ministry of Justice data shows there’s been a 65% increase in year-long probate cases. The delays 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 look into the issues. Unfortunately, the committee was disbanded, and the inquiry suspended, when the General Election was called.
Despite the inquiry being halted and the fees to apply for probate being increased, the issues within the probate service remain unchanged.
The Association of Lifetime Lawyers continue to highlight the issues with the probate service to demand better for clients.
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. The recommendations for reform are highlighted below:
- 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.
Hannaley Palmer, Associate Solicitor in the Court of Protection team, said:
“We’re proud to have Accredited Lifetime Lawyers (myself and Samantha Hamilton) on our team who have undertaken additional training and qualifications to specialise in this area of the law. 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.”