Probate Blues: A 134% Rise in Long‑Wait Cases
When you lose someone you love, the last thing you want is a bureaucratic marathon. But recent data from the Ministry of Justice, revealed by Quilter, shows that the number of probate cases taking more than a year to close has jumped 134% in the past three years.
What this means for families
Experts say the delays turn an already tricky process into a painful, expensive burden. Executors face:
- Unpaid inheritance tax (IHT) and mortgage debts, which can accrue interest and penalties.
- Inability to access or liquidate valuable assets, risking further loss.
- Extra stress and financial strain on grieving relatives.
Why it’s taking so long
Several common snags keep probate stuck:
- No will or an executor who can’t act (dead, incapacitated, or missing).
- Errors in the application—wrong forms, missing signatures, or overlooked IHT payments.
- Incomplete or outdated paperwork that forces the court to pause until corrections are made.
Quick fixes to beat the clock
Here’s the savvy advice from Jeremy Bourke, partner at Clarke Willmott LLP:
“Make sure you have a current will, and pick executors who are ready to step in. If something goes wrong, don’t wait—get professional help fast,” Jeremy says.
And if you’re an executor already in the game, keep these in mind:
- Ask about inheritance tax liabilities on pensions—new rules are coming that could slow things further.
- Check all forms and deadlines. A small typo can mean months of delay.
- Stay in touch with the court and your legal team. Proactive communication can smooth out hiccups.
Looking ahead
Go forward, the government is tuning up a slew of changes—new IHT rules for pensions and more. These updates could push probate timelines even higher, so staying ahead of the paperwork is more important than ever.
For more info on probate, wills, trusts, and estate planning, contact Clarke Willmott—they’ve got offices all across the UK and are ready to help you navigate the maze.
