Back in May 2019, we wrote about how probate registries in England and Wales were suffering from processing delays on Grant of Probate and Grant of Letter of Administration applications. We’re now a couple of months down the line and the backlog continues. Therefore, we wanted to provide our clients and business partners with another update.

As of Monday 14th October 2019, the proposal to increase probate fees has been withdrawn. Click here to read our latest blog post on the matter. Probate Registries in England and Wales are currently reporting severe delays on Grant of Probate and Grant of Letter of Administration applications. Due to the rollout of a new IT case management system, the process has been dramatically slowed down. This means that it’s taking longer for the Registries to process applications for Grants of Probate and Letters of Administration.

According to the Law Society Gazette, the Ministry of Justice plans to close local probate registries and move the work to just one central location in Birmingham. Currently, there are ten remaining regional probate registries in England and Wales and staff have reportedly been informed of plans to scale back operations and shut down the sites in due course.

On 17th January 2019, HM Courts & Tribunals Service announced that their online service for probate applications would be expanded to make applying for probate simpler and easier. It is claimed that this updated service will enable people applying for probate to do so from the comfort of their own home. The system allows up to four joint Executors to apply, pay and even swear a statement of truth online. This reduces the need for Executors to visit a probate registry or solicitor’s office.

Probate Registry fees are set to rise from 22 April 2014. All Grant applications received from this date onwards will be subject to the new fees.

Grace Li is Tax Manager at Kings Court Trust and explains what it means to be the Personal Representative of someone’s estate and what you should be aware of when it comes to submitting Inheritance Tax (IHT) forms and other documents to HM Revenue & Customs (HMRC).

Nigel Merchant, Regional Probate Consultant here at Kings Court Trust, is frequently asked about Inheritance Tax. Here’s what he has to say:

Although we are free to make a will so that, when we die, we can leave our assets to whoever we like, we are also free to die without having made a will – or intestate – so that the state decides how our estate will be divided up. Either way, if we leave behind people who need and could reasonably expect financial help from our estate, the law can step in to make sure they get it under the Inheritance (Provision for Family and Dependants) Act 1975. The intestacy rules in England and Wales are set out in the Administration of Estates Act 1925 and have not materially changed since their creation. Nick Beetham looks at amendments proposed by The Law Commission after exhaustive research and consultation.

Dealing with an estate when someone has died is a puzzle for most of us. We are faced with this task so infrequently that it is not one that is routinely learned through life experience and added to this is the fact that probate and inheritance law change from time to time; what was relevant seven years ago might not be appropriate today. In Part One of this two-part article, we looked at the early activities that take place including the considerations a family normally takes into account before appointing professional help and then after the appointment, the steps and information needed to apply for a Grant of Probate.