Probate application stuck in “fiat assessment” for nearly a year?

robertsonic

Applied for probate in August 2025 following my Father's death in July 2025. The will was in the process of being amended and had some lines crossed out by the solicitor conducting the update, Dad never signed the new draft and so the probate application was sent with the markings, eventually I find out is was referred for specialist review and has been stuck there since.

In November 2025 HMCTS asked how the alterations should be treated. I confirmed that the will could be proved as though the crossed-out alterations had not been made.

Nearly a year later, probate still hasn't been granted. I've now been told it's awaiting a “fiat assessment”.

Has anyone had experience of this? What actually happens during a fiat assessment, and is this sort of delay normal?

I've complained to HMCTS and escalated it, they are not refusing to respond to me, I've contacted my local MP and they have asked for an update. But so far our situation is no different to how it was last November.

Thanks.

poseidon1

My understanding is what you are trying to get probated is a Fiat (copy)Will.

This is described in the following terms with an indication of action needed for the Will to be eventually proved for probate -

A fiat Will is a reproduction of a Will in the state it was in at the time of execution. The purpose of a fiat copy is either to ensure that a Will can be proven in the form it was in upon execution, by removing inadmissible alterations, or to remove offensive or libelous words included by the testator. The Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 11(1) provides that where the registrar considers that a facsimile copy of the original Will would not be satisfactory, he may require an engrossment suitable for facsimile production to be lodged. ( taken from Lexis Nexis)

The rules quoted above infer that an otherwise validly executed will which has been defaced/altered can be replaced by a new clean engrossment ( with markings removed) produced by the solicitor suitable to be filed by the Registrar as the public Will - see below summary of the probate rule itself -

https://lawplayer.com/uk/article/uksi-1987-2024/rule-11

Can I assume that what was originally lodged with the probate registrar was a copy of your father's original executed will ( duly signed and witnessed ) , but with the markings you indicated? ( an otherwise unsigned will would ordinarily lead to intestacy).

If so I would have thought that if your response to their question was to request removal of all the hand marked changes and a new clean engrossment of the will be prepared by your solicitor for resubmission, then the matter should now be with your solicitor to proceed on that basis.

If the Registrar has not yet seen fit to provide a rule 11(2) (b) ruling, has the solicitor indicated your father may ultimately be deemed to have died intestate, and you may need to proceed on that unsatisfactory basis?

robertsonic

Thanks, that's helpful.

Yes, the original lodged with HMCTS was Dad's properly executed and witnessed will, but with subsequent crossings-out made by my Dad's solicitors, who were in the process of preparing a new will for him.

I'm administering the estate myself rather than through a solicitor, as the estate itself is not particularly complex. When HMCTS queried the alterations in November 2025, I confirmed that the crossings-out should not be given effect and that the will could be proved as originally executed.

The crossings-out related to his former spouse being named in the will. Dad wanted a clean replacement will showing my sister and me as the executors/beneficiaries, but unfortunately he died before the replacement will was completed and executed.

However, Dad and his former spouse had already divorced earlier that year. My understanding is that under section 18A of the Wills Act 1837, the existing will therefore takes effect as though the former spouse had died on the date of the divorce (unless a contrary intention appears in the will). So the provisions appointing her as executor and leaving property to her would not take effect in the normal way anyway.

HMCTS hasn't subsequently asked me to provide a clean engrossment or take any further action. Their current position is simply that the application is awaiting a specialist "fiat assessment".

So as far as I can establish, the outstanding step is currently with HMCTS rather than with me or a solicitor.

There has also been no suggestion from HMCTS that Dad might be treated as having died intestate.

poseidon1

The reason i assumed the solicitor maybe involved is if you do get a favourable ruling to provide a clean engrossment of the original will, it has to be a precise mirror image of the original with all the changes removed.

If doing it yourself at home, the primary risk is formatting errors. The Probate Registry requires the engrossment to be suitable for facsimile production and record-keeping. If you fail to match the text structure exactly, misinterpret an omission, or change the pagination incorrectly, the registry will reject the application and you are back to square one.

From what you have said, despite the long delay and you having indicated your preferred basis for the new engrossment, the matter has only been addressed at administrative case worker level.

A Rule 11 (2) (b) ruling requires the attention of a senior Probate Registrar operating in a quasi judicial capacity to allow the 'faulty' Will to be probated. Your problem is in England & Wales there is a critical shortage of such Registrars.

At its height there were 30 of these specialised Registrars. As of now just 2.5 full time officers at that level ( ie less than 10% of the original manpower). You are therefore likely in a very long queue of problematic Wills awaiting the attention of a tiny handful of senior officers, so unsurprising that your MP was unable to do anything to speed things up, the resources simply are not there.

The following article flagged the repercussions flowing from this critical shortage, which is further exacerbated by severe attrition of frontline staff that coincided with the introduction of the online digital probate system. -

https://www.icaew.com/regulation/regulatory-news/regulatory-news-2024-06/a-report-from-the-hmcts-probate-service-user-group

In view of all the above points, you might wish to rethink this being a DIY process, especially regarding the production of the clean engrossment and the repercussions if you err in the slightest.

.