The reduced availability of probate helplines from the HM Courts and Tribunal Service (HMCTS) is to continue, causing yet more delays to the service.
If you want to apply for a Grant of Probate from the Government, you can only call it between 9am and 1pm from Monday to Friday.
This service will run “until further notice”, while reviews continue to take place every six weeks, according to Which?.
Until February 2024, you could call the helpline until 5pm, but due to increased demand that has “remained high”, the HMCTS said it has had to redeploy staff to cope.
‘Record numbers of grants issued’
A spokesperson for the HMCTS told the consumer champion: “Most digital probate applications are processed in around nine weeks, and we have recruited more staff to deliver further improvements – resulting in record numbers of grants being issued in recent months.”
A webchat is also available all day for any queries you may have about an estate or grant of probate. You can also start the grant of probate process through the Government’s online application.
The move has come under fire from a wills specialist, who said he is “shocked by the latest setback for grieving families.”
Carl Christensen, founder of FreeWills said: “Probate is complex, but this is now getting ridiculous and it is impacting countless people. It’s appalling that the persistent delays at the probate office have not been resolved yet.
“The delays are inflicting intolerable hardships, leading to countless families being trapped in uncertainty, enduring significant financial distress while awaiting their rightful inheritances.”
‘Delays having direct impact on value of assets’
Meanwhile, the knock-on effect of the reduced call times could lead to a reduction in the value of someone’s estate, according to Kerry Morgan-Gould, partner and head of trusts and estates at Ashfords LLP.
Morgan-Gould said: “The delays are having a direct impact on the value of assets particularly, in respect of property sales, which are being held up (and on some occasions falling through altogether), and discretionary investment portfolios, which in practice are largely execution-only until probate.
“Unless the delays are properly addressed, it is possible that we will see an increase in disputes (most likely between executors and beneficiaries) as the pressure mounts for assets to be realised at the best possible price.
“The system requires significant improvements, including investment to increase resources, but also to adequately train more HMCTS colleagues to be able to deal with more complex cases.”
Waiting time ‘should be no more than 16 weeks’
Last month, a separate study revealed the number of people waiting over a year for a grant of probate soared by 65% in three years.
The Government claims that an application should take no more than 16 weeks from the time of applying to receiving the legal authority.
Further, charities involved in getting a grant of probate could also be victims of the reduced phone lines, said Charlotte Watts, partner at Wilson Solicitors LLP. This is because they tend to be involved in more complicated matters, which cannot always be processed online.
Watts said: “The more complex postal applications are still taking up to 30 weeks to process (and we have been waiting for 48 weeks in one case). The registry should look to urgently train staff in complex applications and move all applications online.”
