Probate delays causing bereaved stress and financial loss

Severe delays that currently see clients being advised that probate will take at least nine months, will not improve without adequate resources, CILEX has said.

The waiting time for probate almost doubled from April 2022 to April 2023, with CILEX members reporting a negative impact on their bereaved clients, with the extra stress caused compounded by financial problems stemming from the delays.

Responding in January to a call for evidence by Parliament’s justice select committee, CILEX reported its members “do not believe the Probate Service has the necessary resources, capabilities, or expertise to process applications for probate, including complex probate, in a timely manner”.

According to CILEX, clients were experiencing additional stress at an already difficult time and their lawyers were also under pressure given the understandable complaints and scrutiny from clients frustrated by the process. This has “negatively affected the perception of lawyers’ competency and their professional relationship with clients” – even though there was nothing they could do about the delays. Of the 189 CILEX practitioners surveyed, 61% did not believe beneficiaries, executors and the bereaved were protected and supported through the probate process.

Property sales in particular were being affected, with purchases falling through because of the wait to obtain a grant. This saw many clients unable to access the funds they needed, with a knock-on effect on lawyers’ ability to charge their fees.

According to 65% of the CILEX private client lawyers surveyed, staff resourcing would improve the situation, highlighting an urgent need for staff with “the technical and legal knowledge to deal with complex applications, stops and enquiries”.

Members also highlighted the problems caused by a lack of updates on applications, with CILEX’s response recommending improved communications, streamlined procedures for straightforward applications and “a facility for users to not only track progress but also make enquiries online”.

Only 38% actively supported the premise that technological development and innovation could improve the Probate Service, although they recognised the potential benefits.

CILEX president Emma Davies commented: “The ongoing delays in the Probate Service are having a considerable impact on CILEX lawyers and their bereaved clients, causing stress and anxiety at an already difficult time in their lives. While the use of technology and streamlining of the process would be potentially useful, it is a lack of adequate staffing that is at the heart of the problem.

“The Probate Service needs sufficient staff with the capacity, training and experience to handle complex cases, to deal with stopped applications and respond effectively to enquiries. Without adequate resources, it is unlikely we will see any improvements in waiting times for probate any time soon.”