Advisers call for changes to speed up probate

STEP, the global professional body for inheritance advisers, has responded to the House of Commons Justice Committee’s inquiry into the probate service in England and Wales amid concerns about delays that have caused misery.

STEP says that many bereaved families are waiting more than 11 months for probate to be granted and waiting times almost doubled between April 2022-April 2023.

In response to the inquiry, STEP has surveyed its members to provide evidence about the impact, causes, and recommendations to reduce delays.

All respondents had cases of a cancelled house sale due to probate delays and 94 per cent of respondents observed damage to the reputation of probate practitioners, as members of the public do not understand why it takes so long to wind-up estates.

A further 64 per cent of advisers have seen cases of financial hardship for beneficiaries.

STEP adds that probate registry errors and inexperienced staff are driving probate delays and add that there is a lack of senior staff to help them.

Nearly all respondents recommend that the Government should appoint more probate registrars and suggest that complex cases should be allocated to a senior official.

Alongside this, 82 per cent of respondents would like more financial resources for the probate registry so that staff can be upskilled and trained in complex questions.

STEP is also calling for grants to be issued within 28 days of application and it also wants the probate portal redeveloped due to difficulties navigating the system.

It adds that people are being forced to take out loans with which to pay for inheritance tax which is due before probate is granted.