The Legal Ombudsman (LeO) has moved to produce guidance for private clients firms exploring the challenges and good practices when responding to requests from beneficiaries during the administration of estates.
The Legal Ombudsman said wills and probate was the second-most complained about area of law in 2024/25, with the 1,128 complaints representing a 28% increase year on year. Earlier this year LeO published its lates tranche of public interest decisions naming firms and detailing complaints in an effort to create ‘greater transparency and accountability’ in legal services. This latest guidance focuses on providing ‘constructive, compassionate engagement’ on
- Legal status and the emotional connection of parties involved in probate
- Managing costs and the role of effective communication
- Practical steps service providers can take to improve complaint handling
The guidance comes against the backdrop of a 56% increase in in attempts to block probate in 2024. A freedom of information (FoI) request to HM Courts & Tribunals Service revealed there were 11,362 applications to block probate in 2024, compared to 7,268 applications in 2019; and 6,358 in 2010 (+79%), the earliest year the figures were available on request. According to the analysis, Q4 2024 saw 3,061 applications to enter a caveat; the first time there have been over 3,000 applications in a single quarter.
LeO said it had seen an increase of 28% in wills and probate complaints accepted in 2024/25, with the sector being the fastest growing area of complaint. Analysis of the complaints revealed inadequate first tier complaints handling in nearly half cases.
It its guidance LeO outlines how poor communication (or perceived lack or poor quality of it) drives complaints about probate services. The ombudsman details how firms can ‘better handle communication in a reasonable time frame to stop the relationship with their clients breaking down to the point at which we get involved’
Reasonable responses to reasonable requests in a reasonable time
The guidance goes on to discuss what might be considered ‘reasonable’, taking into account the role of the parties, and whether they have any legal rights, obligations or responsibilities and any emotional connection to the deceased. It is the role of probate providers to not only appropriate manage costs, but to ensure transparency around the accumulation of costs.
“When the service provider is giving updates, the number of people involved in an estate is a relevant factor for costs: ten letters to different beneficiaries could be expensive and the people responsible for paying the bill (the executors) and the people who actually will pay it (the residuary beneficiaries) should be helped to understand the effect of large scale communication.”
The guidance goes on to be clear LeO will take a balanced view as to whether the firm and/or executors and beneficiaries have been reasonable in their requests.
“When people make unreasonable requests, it’s fine for service providers to explain what they will and won’t do. Our advice is to consult with any executors, agree a way forward and record that this has been done. This can include declining to respond to repeated requests for information that has already been provided or which reasonably won’t be provided.”
Adding that LeO will rarely intervene in the administration and settlements of an estate, even if this is the outcome requested by the complainant. ‘Complainants wanting that are likely to be encouraged by us to get independent legal advice’ is their position.
Concluding the guidance LeO outlines its expectations on services providers:
- Set clear expectations on your role at the outset. This should include expectations about the level of contact from you. The higher the likelihood of there being issues between family members, the more important the record is likely to be, if we receive a complaint about the level of communication.
- Be prepared to revise those set expectations, if the circumstances change and warrant it. Sometimes, family members fall out and the service provider’s role might change in practice, if not in law.
- If things do go wrong, be alive to the human effects on people wanting a resolution to the estate. Our recent Guidance on Remedies gives further information on how to address the effects of any failings.
Spotlight on: Probate – How to be reasonable can be found on the Legal Ombudsman’s website
