MPs will take a deep dive into the probate system amid concerns about delays and consumer protection.

The House of Commons justice committee announced yesterday that it would begin an inquiry after noting that waiting times for probate almost doubled from April 2022 to April 2023. The committee cited reports that probate is taking more than 11 months in some cases and practitioners routinely advise clients to expect at least a nine-month wait.

MP will call evidence on capacity, resources and delays across the probate service and the impact of digitisation and centralisation, including the effectiveness of the online probate portal. A key aspect will be whether fees and thresholds for paying fees are set at the right level.

The work of the Probate Registry will come under the microscope, while MPs will also seek to hear individuals’ experience of applying for probate and how beneficiaries, executors and the bereaved are supported through the process and protected from rogue traders.

Sir Bob Neill, Conservative chair of the committee, said: ‘Concerns over probate have risen sharply over the last five years, with the waiting time for probate almost doubling in the last financial year alone. It is right the justice committee examine the reasons behind this, the consequences and takes evidence on the issues of capacity and resourcing.

‘Families across the country, have faced challenges in navigating the probate system, with reports of rogue traders and poor practice, as well as significant delays. My committee wants to examine how the administration of probate could be improved for people who are already coming to terms with the loss of a loved one.’

Written submissions must be made by 22 January, with witnesses called to give evidence after that.

Last month, a survey commissioned by the Law Society found that 62% of practitioners believed that online portals had caused delays to probate. Other factors contributing to the delays included timeliness, communication and technical issues along with the lack of HMCTS staff to deal with problems. More than half (54%) of respondents said the online process is taking longer than the paper-based system, 29% experienced poor response times and limited staff knowledge, with 18% reporting delays in issuing grants.

 

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