Unacceptable Probate delays - not fit for purpose

tenko

I just thought that I would share my experience of obtaining probate and see if anyone else on the forum has had similar issue's.

My brother passed away in December 2023 and as a named executor on his will, I applied for probate online in January 2024.
I received a confirmation e-mail of my application and on my account it stated In Progress.

After waiting over six months and fending off various institutions asking me what the current situation was with the probate application, I contacted the probate office for an update.

I was informed that they could not find my application, which I could clearly see on my computer screen but I was still advised to re-apply via a hard copy.

I downloaded their form, completed it and sent it to them, along with a cheque by recorded delivery.

I received a conformation e-mail of receipt of the form and another asking for further details they needed to know about.

They wanted to know why the will was two separate sheets of paper and had it been tampered with and also the name, address and contact details of the witnesses.

I replied to their e-mail and explained that my two nephews had discovered the will while going through their father's documentation and that was the way they had found it.
As I did not know the witnesses personally, I had to track them down, not even knowing if they were still alive.
Their names and address were obviously on the will and I managed to get a contact telephone number, all of which I passed on to the probate service.

I  received acknowledgement. via e-mail and was told no further information was required unless requested.

I waited longer than the expected sixteen week processing period before contacting them by telephone for an update, only to be told that they required further information from me.
They now wanted the witnesses e-mail address.
I politely informed them that I have many talents but unfortunately clairvoyance was not one of them.

I contacted the witnesses again and obtained an e-mail address which once again I passed on to them.

I was then informed that they had sent the witnesses a questionnaire form and were awaiting it's return before they could move forward.

After waiting another lengthy period of time, II contacted them once more to be informed that they had not received the questionnaire form back.
So I personally contacted the witness and he informed me that he had received and returned the form to the probate office.

On 14th May this year I received a phone call asking me if the e-mail of the witness was correct,
I told them to the best of my knowledge it was and due to the fact he had told me he had received the form from them it must be.

We are now into June 2025 and I have still not received probate and the latest is that they cannot find the witnesses e-mail and have resent the questionnaire form.

I have been informed by a very good friend, who used to work for the CPS, that the probate service dispensed  with the services of a lot of solicitors and replaced them with administration staff, who are only trained to deal with straight forward applications, anything slightly out of the ordinary has to be looked at by a solicitor, hence the delays.

Combined with the back log from the pandemic and that they only work from 09-00 to 13-00 the current system is not fit for purpose and it would be interesting to know how many others have had a similar frustrating experience as myself.

madbadrob

They only work from 0900 to 1300 or is that the times they answer their phone lines?  I know the answer its their phone lines and their web chat is available until 1700 hours.  The government website explains why delays may be occurring not least the new computer system issues which is where your first part seems to have come undone.  I would keep pressing them on a weekly or 2 weekly basis.  BUt yes delays of a year or more can happen alas

Rob

p00hsticks

Just for comparison, if there are no queries with the will, the process appears to be currently very quick.
 I submitted an online application on 5/4/25, they acknowledged receipt of the will on 15/4/25, I had an e-mail saying th probate had been granted on 18/4/25 and the paper grants arrived in the post a few days later. Around 3 weeks in totla. 

tenko

madbadrob said:

They only work from 0900 to 1300 or is that the times they answer their phone lines?  I know the answer its their phone lines and their web chat is available until 1700 hours.  The government website explains why delays may be occurring not least the new computer system issues which is where your first part seems to have come undone.  I would keep pressing them on a weekly or 2 weekly basis.  BUt yes delays of a year or more can happen alas

Rob

Regarding answering the telephone's my average wait is just under one hour each time I have tried to contact them. Not sure if that relates to answering the phone or if they do more than four hours a day, either way it is very frustrating trying to speak to a human regarding probate.

Hoenir

An unusual set of circumstances. In what way does the will appear tampered with?  Should be obvious if consists of just two pages. 

35har1old

Hoenir said:

An unusual set of circumstances. In what way does the will appear tampered with?  Should be obvious if consists of just two pages. 

Where the pages attached. numbered and signed?

madbadrob

tenko said:

madbadrob said:

They only work from 0900 to 1300 or is that the times they answer their phone lines?  I know the answer its their phone lines and their web chat is available until 1700 hours.  The government website explains why delays may be occurring not least the new computer system issues which is where your first part seems to have come undone.  I would keep pressing them on a weekly or 2 weekly basis.  BUt yes delays of a year or more can happen alas

Rob

Regarding answering the telephone's my average wait is just under one hour each time I have tried to contact them. Not sure if that relates to answering the phone or if they do more than four hours a day, either way it is very frustrating trying to speak to a human regarding probate.

I agree but I have had much similar wait times when contacting HMRC.  As their website says they are having a shortage of staff issue so this backs that up.  Good luck in the future

Rob

Tiglet2

I believe the probate office is open all day until 5pm or whatever, but they introduced a cut off time in 2024 for phone calls only until 1pm, so that they could get on with the work undisturbed after that.  

doodle483

p00hsticks said:

Just for comparison, if there are no queries with the will, the process appears to be currently very quick.
 I submitted an online application on 5/4/25, they acknowledged receipt of the will on 15/4/25, I had an e-mail saying th probate had been granted on 18/4/25 and the paper grants arrived in the post a few days later. Around 3 weeks in totla. 

Out of interest, did you have IHT to pay? I submitted an online application in April and still haven't heard a thing. I managed to chase through their web chat (no one answers the phone) and they are saying 12 weeks, maybe more. Even for online applications. Completely agree that the system is not fit for purpose.

We have an empty house and a very willing buyer, all we are waiting for is grant of probate.

tenko

Hoenir said:

An unusual set of circumstances. In what way does the will appear tampered with?  Should be obvious if consists of just two pages. 

The two pages of the will had not been stapled together or joined in any other way and that was the way my two nephews found it. Probate asked the question, " Had the will been altered in any way", I replied to them that it had not and was in the same condition as when it was discovered.  Probate then needed to contact the witnesses to verify it was like that when they signed it.

tenko

doodle483 said:

p00hsticks said:

Just for comparison, if there are no queries with the will, the process appears to be currently very quick.
 I submitted an online application on 5/4/25, they acknowledged receipt of the will on 15/4/25, I had an e-mail saying th probate had been granted on 18/4/25 and the paper grants arrived in the post a few days later. Around 3 weeks in totla. 

Out of interest, did you have IHT to pay? I submitted an online application in April and still haven't heard a thing. I managed to chase through their web chat (no one answers the phone) and they are saying 12 weeks, maybe more. Even for online applications. Completely agree that the system is not fit for purpose.

We have an empty house and a very willing buyer, all we are waiting for is grant of probate.

No, there was no IHT involved, the will is very basic and straight forward. Their main issue is that the two pages are separate and not stapled together.
They have contacted the witness via e-mail twice now and he had not returned their questionnaire.
I chased up the witness personally and it turns out he is not very competent when it comes to modern technology and had deleted their e-mails.
I got back in touch with the probate office and explained all of this, I also asked the question of what action they take when a request for information is not returned, the answer to that is nothing, they just wait for a reply that is not forth coming. No plan B it would appear.
I have now requested that they send a hard copy of the questionnaire the old fashioned way, in an envelope with a stamp on, preferably recorded delivery.
In the real world it is now over eighteen month since my brother passed and I am still in limbo regarding probate.