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The silence is deafening

Mum died in March, in difficult circumstances ... no-one allowed at the funeral ... awful.  After enlisting the help of a probate assistance company, HM Probate was applied for in April.  So far so good, but then a small technical problem arose with the home-made will, and Mum's witnesses had to fill in a questionnaire which was turned round in 2 days flat and sent back to HM Probate.  We know that a Statement of Truth (Affidavit) will have to be completed by the witnesses, and we know the case has been in the Affidavit Division since 8th July.  But since then......nothing.  Despite emails and letters (and phonecalls) to HM Probate we have received ... nothing, and it is extremely stressful just waiting to see how the case is going to proceed. 

The witnesses, now very elderly indeed, are worried that they might have 'done something wrong' on the questionnaire, and this is holding things up.  I'm sure this is not true.  I appreciate the problems HM Probate have been experiencing and have made allowances for Covid induced diffulticulties. But the delay is putting a strain on the family - we have a house that looks as if it will now stand empty going into winter, which is a huge worry.  Are others experiencing anything similar.

My co-Executor and I are stressed..fed up ....just a holding email or letter would be good but...nothing ..not a peep.  The silence is deafening.
:cool: and smooth
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Comments

  • Marcon
    Marcon Posts: 15,009 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    What does the probate assistance company you used have to say about the delay?
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • xylophone
    xylophone Posts: 45,756 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    After enlisting the help of a probate assistance company, HM Probate was applied for in April. 

    Was the company's assistance confined to helping you complete the forms so that you and your co-exor  then  made a personal application?

    Or is their assistance ongoing?

    Unfortunately, from other posts on the forum, it does appear that when there is a hitch of  any kind so that forms are going back and forth between applicants/ Probate Offices/departments, the delay can be prolonged.

    When you made your enquiries, what were you told?

  • I have just today contacted the probate company who have given me HMCTS tel. no. (which I contacted a month ago, got a promise of a return call then nothing).  I've been unable to get replies to either emails or 3 letters written over the last month, not even acknowledgement of receipt, so in fact the only thing I know is that our case "has been sent to the Affidavit Department".  That was on 8th July.  Incidentally the probate company actually completed the forms, with our help and signature, but we physically submitted them. I am thinking any further advice will be chargeable. 
    :cool: and smooth
  • 74jax
    74jax Posts: 7,930 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 24 September 2020 at 3:33AM
    I'm still waiting on probate too from April. I agree it's horrible waiting and it seems to something 'hanging over my head'. 
    The only way I cope really is thinking of it as something out if my hands. I'll be happy when it's all over with to be honest. 
    Forty and fabulous, well that's what my cards say....
  • xylophone
    xylophone Posts: 45,756 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The Probate  adviser has  pointed you in the direction of  HMCTS which indicates I think that he can do no more than you, ie, telephone for any update.

    The case was passed to the Affidavit division around twelve weeks ago - I suspect that even at the best of times there may have been a backlog - the Covid situation has no doubt added to the delays. 

    It is frustrating for the executor - all he can do is telephone again.
  • On Friday 25th I had one final crack at phoning HMCTS to get an update.  Got through after 40 minutes. Was told that our case is "being sent to Manchester".  As Xylophone said cases are being bounced around, and this would seem proof of that.  Dear God, what next, another 6 month delay then bouncing to another office?  The probate assistance company offer little help, to them the case is closed once documents are sent off.  My Co-Executor and I are sending an official letter of complaint to HMCTS.  However, in the way of all things now, Covid will take the blame for bad service, so I have little hope of this being actioned.  The next step in the complaints process is our MP.  I note your comment 74jax;  it's not just that the whole process is being delayed, it's the lack of information,and blatantly ignoring our correspondence, with, seemingly little redress.  Let's see if 'Manchester' contact us, and whether an official complaint can loosen the log jam.  If there is anyone out there with experience of this and any better ideasd, would love to hear.
    :cool: and smooth
  • poppystar
    poppystar Posts: 1,703 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    You don’t say what the “small technical problem” with the Will is but I would be questioning why the probate assistance company you used didn’t raise it when completing the application. Surely this should have been part of their ‘assistance’. This might have saved time by allowing affidavits etc. to be submitted at the same time as the application.

     As I understand it all special cases go to Manchester so I think you needn’t worry it is being bounced around and will be again. The only question is why it has taken so long to transfer it if it really hasn’t got there yet. I assumed that it was Manchester you were referring to when you mentioned “Affadavit Department” and that it was therefore already in their hands but it sounds not from your phone call. 

    Stress on applicants for both probate and tax could be significantly reduced if receipt and updates were the norm. It might take extra resources but then they would have fewer phone calls and emails to deal with from the concerned!
  • xylophone
    xylophone Posts: 45,756 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As I understand it all special cases go to Manchester 
     So it would appear - see
    https://forums.moneysavingexpert.com/discussion/comment/77547682/#Comment_77547682

    received an email from Manchester registry (executor as pre-deceased) saying they don't
    like the witness signatures and asking witnesses to fill out a form.
    We have email back to say witnesses have pre-deceased.
    Called Harlow and they attached email to the case whilst I was on the phone.
    Now being escalted for next steps.
    13 weeks so far.
  • lisyloo
    lisyloo Posts: 30,094 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    xylophone said:
    As I understand it all special cases go to Manchester 
     So it would appear - see
    https://forums.moneysavingexpert.com/discussion/comment/77547682/#Comment_77547682

    received an email from Manchester registry (executor as pre-deceased) saying they don't
    like the witness signatures and asking witnesses to fill out a form.
    We have email back to say witnesses have pre-deceased.
    Called Harlow and they attached email to the case whilst I was on the phone.
    Now being escalted for next steps.
    13 weeks so far.

    This one is ours. We send a letter back last week (written by HMCTS not us) saying the witnesses are dead, handwriting is recognisiable, house searched for other wills, no other beneficiaries and applicant will take full liability.
    I assumed it would be straightforward from here (but maybe not).
    I have not got answers from HMCTS but they have always told me where it is and agreed to chase things up when I've phoned, so apart from the fact that they are not back office people, I've been reltively satisfied that they have expedited things when I've called.
    Will call them in a couple of weeks when I'm back from hols but I don't personally find it helpful to constantly micro manage it, so I'll give them a couple of weeks.
    I think some of it is down to COVID as I work in a similar environment where I cannot do things because the person I need to talk to is not working the same shift/hours as me, so I can certainly see how this slows things down significantly.
  • Chasing up Probate
    Has anyone found a  way of contacting the Probate Office? I am my mum's executor and processed my application in early June. That was nine months ago. I have sent several emails and apart from an 'automatic response' months ago have received no replies. I can't see any direct phone number on the internet, just a very expensive 0300 number for HMRC. I tried that yesterday and after a few minutes was cut off because 'the line was busy'. Webchat was not functioning for the same reason.  I filled in all the forms as per instructions and have paid the fee. If I've done something wrong I need them to tell me what! Anyone got any suggestions as to how I can get an update or even make some contact with the appropriate office?
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