Firm complains to HMCTS over 13-month probate delay

While HM Courts & Tribunals Service hails the speed at which digital probate applications are now being processed thanks to the courts reform programme, a law firm has filed a complaint after waiting more than 12 months for a paper-based application to be approved.

HMCTS’s nine-year reform programme officially ends on 31 March. In a blog published on Monday, HMCTS chief executive Nick Goodwin cited the speed at which digital probate applications are processed as an example of the programme's success. However, York firm Roche Legal also revealed on Monday that it has complained to HMCTS over a probate application that was submitted on 27 February 2024.

Rache Roche, founder of Roche Legal, said the case involves a French national who held an English bank account. ‘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,' Roche said.

'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.'

A separate but similar case was processed and approved in just over two months, Roche said. ‘The inconsistency is staggering.'

A spokesperson for the Ministry of Justice said: ‘We were not provided with sufficient detail to look into this case, however foreign domicile probate cases are among the most complex and often require additional information from the applicant. Most probate applications are granted within eight weeks and we are working to reduce waiting times for applicants, including through staff training which has resulted in record numbers of grants being issued in recent months.’

The ministry said applicants who feel their cases are not progressing can request a probate surgery appointment and the department is proactively identifying older open cases to quickly resolve them.