Roche: The inconsistency is staggering
Improvements in the probate system are not filtering through to complex cases, according to a specialist solicitor who has lodged a complaint over “outrageous” delays she has suffered.
While last month the Ministry of Justice celebrated dramatic reductions in wait times and its backlog, Rachel Roche, founder of York-based private client firm Roche Legal, said this related mostly to straightforward cases submitted online.
More complex cases still require paper submission to the Probate Registry in Newcastle and the delays here “remain a serious and growing concern”, she said.
“Despite government reassurances, the picture on the ground is far less positive than the official statistics suggest. While some applications are processed quickly, others are inexplicably delayed, and the reasons appear entirely arbitrary.
“This is not just red tape. It is deeply distressing for families and creates significant disruption when estates are left unresolved for months, or even years.”
Her complaint concerns a French national who held an English bank account. Due to the value of the assets, probate was required to access the funds. The application was submitted on 27 February 2024 and involved additional supporting documentation owing to the foreign domicile.
Ms Roche explained: “In May, we were told the matter had been referred to a probate examiner due to its complexity. Since then, we’ve been informed that only a small number of specialists are qualified to assess this type of case.
“Although we provided all requested information, including certified translations and notarial documents, we have not received any meaningful update since October 2024 despite repeated follow-ups and assurances that the case has been expedited.
“What makes this even more frustrating is that we had another case, also involving a foreign domicile, that was processed and approved in just over two months. The inconsistency is staggering.”
Ms Roche cited data obtained under the Freedom of Information Act in January by financial services provider Quilter, which showed that the number of probate cases taking over a year to resolve jumped by 134% between 2020 and 2023.
“We have probate matters that have been with the courts for over 12 months, and that is simply outrageous,” she said.
Meanwhile, a survey of 200 independent financial advisors and solicitors found 61% thought the probate process took too long, and a quarter that the process was difficult to understand.
The research by online platform The Estate Registry also quizzed 2,000 consumers and found 72% agreed that every bank and utility company should have a specific death notification service similar to the ‘Tell Us Once’ service provided by the government.
Phil Hickson, senior vice-president of global partnerships at The Estate Registry, said: “We need to create a more unified, user-friendly platform that would connect all parties involved, including HMRC, banks and probate registries to streamline document submission, reduce paperwork and allow for easier tracking of application progress.
“Investment is also needed in IT across all elements of the supply chain to reduce downtime and technical issues.
“Simplifying and standardising procedures would further ease the process, and especially accelerate settlement in the most straightforward estates, reducing the backlog, even to the point of creating a ‘fast-track probate service’ for uncomplicated cases.”
Finally, Level, the non-bank lender specialising in probate, family law and private client, has raised £105m in a combination of equity from Capricorn Capital and a senior secured facility from Pollen Street Capital.
The company, which is regulated by the Financial Conduct Authority, has provided £175m in funding to more than 1,650 clients with family law and probate issues since its launch in 2017.
Level said the probate delays – causing difficulties for families facing inheritance tax deadlines – were among the factors likely to accelerate demand for its services.
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