For most consumers, engaging with anyone in the legal profession can be a daunting prospect. Not unusually, they are only obliged to seek legal help when they are in a vulnerable state. And there can be few more vulnerable times than after having suffered a bereavement.
Notwithstanding that deaths in the UK actually reached a record low in 2024 (according to data from the Continuous Mortality Investigation (CMI) and the Institute and Faculty of Actuaries), there are still something in the order of 11,000 – 13,000 deaths recorded in the UK every week (with seasonal fluctuations). That means there are 11,000 – 13,000 new cases where the beneficiary potentially needs the support and advice of a probate solicitor, and virtually all those whose estate exceeds the inheritance tax threshold of £325,000.
Understanding what happens after a loved one dies is not always easy to grasp; similarly, understanding the implications of an inheritance, and the liabilities it brings, can be a challenge. Recent conversations within Government around inheritance tax have potentially added further confusion to a situation that was already confusing enough for those who have never been through the process. Many who believe they have nothing to inherit and, therefore nothing to be concerned about may wish to think again. Those who think that inheritance tax is merely something that affects the rich may also find themselves with an unpleasant surprise.
It’s a view that’s shared by many on the legal side. Many within the legal profession and those who support their clients with probate services suggest that their clients are often poorly informed about how the process works, and that it is unnecessarily complicated and difficult to understand. Advisors also say that their work is made more difficult by having to deal with an ongoing backlog of cases with HMRC, inefficient and often outdated online systems, complex forms and procedures and poor communication and responsiveness from the probate registries.
Many solicitors feel their clients are being unfairly treated by the probate system. And their frustration is shared by their clients, which is potentially damaging for all. Lack of knowledge of how long the probate process will take, and how much it will cost, contributes to a frustrating customer experience. It means there can be a temptation to think that the solicitors themselves are being too slow to react and respond.
Recent insights certainly point to mixed feedback from consumers in dealing with the professional advisor community. Some believe their solicitors have been incredibly helpful, especially those with more complicated affairs that need settling (for example where an estate may involve assets overseas); others less so. They are also frustrated by the lack of empathy sometimes expressed by creditors and other third-parties with whom they are obliged to engage.
The solicitors themselves similarly feel that the system is letting their clients down. Even the basics – like the language used on the probate forms – is difficult to understand. The lack of a digitized, online application process or a more unified, user-friendly platform to connect all parties involved (HMRC, banks, and probate registries) is also hampering the process and contributing to a process that not untypically can take anything up to 12 months to resolve.
Some progress is being made to improve matters, but it’s not moving fast enough. Consumers are unhappy, solicitors are unhappy, and there is frustration on all sides. Perhaps now is the time for the Government to be more focused on the bereavement process, with a dedicated appointment to oversee how consumers are treated and how the process could be revised. While certain areas of consumer finance have been subjected to major scrutiny with regards the ‘fair treatment’ of consumers, the issue of probate has been overlooked. Perhaps it’s time to look again.
By Phil Hickson – SVP, Global Partnerships at The Estate Registry
This article was submitted to be published by The Estate Registry as part of their advertising agreement with Today’s Wills and Probate. The views expressed in this article are those of the submitter and not those of Today’s Wills and Probate.
