During the course of the pandemic, there has been a considerable backlog of probate applications at the Probate Registry. This backlog was actually an exacerbation of a situation that has been ongoing since 2017. The reasons are not that simple to explain. Staff shortages at the Probate Registry and other complications during the pandemic are understandable, but these should have been resolved by now. Simplification of the probate application system for excepted estates has been made possible this year as these estates have been exempted from having to fill in forms IHT205 and IHT217 and improvements to staffing may help to resolve the situation further this year.
Probate application delays have a detrimental effect on executors of estates, beneficiaries and solicitors acting on their behalf. Sales of property included in the estate may be delayed and ultimately fall through. Beneficiaries have to wait for probate to be completed and the delays can cause frustration, worry and inconvenience. The delays may also have an impact on the cost of administering the estate and as a result also on the requirement to pay tax.
Why some applications are delayed
Most of the delays in the Probate Registry are caused when a probate application is “stopped” for one reason or another. Typically, a probate application that has been completed appropriately should take on average 4-8 weeks to process from the receipt of documents, according to the HMRC. However, if documents are not properly submitted or there is incomplete documentation, then the application is moved to a separate queue for processing. Theoretically, the executor of the will or the lawyer acting on behalf is then notified by the registry with an explanation of why the application has been stopped and how the process can be resumed. According to HMRC, it takes about twice as long to process a stopped application as one that proceeds smoothly due to the communication gap and the need to review all necessary documentation received after the application has been stopped.
How to avoid a stopped application
While delays in probate applications are by no means just due to incomplete documentation, there are certainly things that executors can do to ensure that an application for probate is not put into the “stopped” pile. Using an experienced probate solicitor will certainly help as an application will not then be submitted until all information requested is available as well as any necessary inheritance tax is paid.
The usual reasons why a probate application is stopped and de-prioritised are explored below.
1. Missing documents
This is one of the most common reasons why an application for probate is stopped. Typical missing documents include inheritance tax forms and Power of Attorney forms.
3. Application submitted too soon
If the form for inheritance tax (form IHT421) is not received before the application for probate then this may cause delays. It typically takes around 21 days for IHT421 to be received by the registry office.
2. Missing executors
The probate registry office cannot proceed unless all executors are involved in the application and can be contacted if necessary by the registry. In the event that there is more than one executor, all executors should be contacted before the application is submitted. Executors can release themselves from their role if they so wish to do so, but named executors are legally responsible for the process of administering an estate if they do not do so.
4. Issues with the will itself
If the will appears to have been modified or altered in any way, such a staples, stains, rips etc., then the registry may decide to stop the application unless there is an accompanying explanation from the executor or solicitor acting on behalf of the estate.
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