A productive Probate Service User Group meeting took place recently where HM Courts and Tribunals Service (HMCTS) took on board recent practitioners’ insights into the service.
HMCTS joined The Law Society, STEP Society, Solicitors for the Elderly (SFE), Institute of Chartered Accountants in England and Wales and Royal National Institute of Blind People to hear members’ views of the online probate service and respond accordingly.
Due to issues with the online system and some practitioners struggling to sign up to the new MyHMCTS online system, HMCTS extended the grace period for the use of paper-based probate applications until Monday 11 January 2021.
The extension will allow for any system issues to be resolved, while allowing more time for practitioners to sign up to the new MyHMCTS online system.
Since the announcement was made that it was mandatory to submit probate applications at the beginning of November, the number of users that have signed up to the system has doubled and HMCTS have confirmed the number of digital applications they have received has increased also.
All paper applications that are received after the deadline of 11th January will be returned unissued, unless the application is exempt from online submission.
STEP and SFE carried out their own surveys with their members on the probate service. The results of the survey collated were shared with HMCTS who are investigating the responses. The member insights in relation to issues with the probate service include:
• the stops on the online cases
• technical issues with the system
• lack of coordination between the different forms
HMCTS confirmed at the meeting that a new banner feature will be introduced which gives messages and tips when using the online system.
Stops still continue to be an issue, therefore, HMCTS are producing a blog which will focus on how to submit a successful application. The blog will cover the reasons for stops, how practitioners can avoid them and lessen the risk of experiencing any issues.
One issue which remains prevalent is around the IHT 421 form but HMCTS is collaborating with HM Revenue and Customs (HMRC) to address this.
The Law Society stated that:
“HMRC recommends that you allow 20 working days from the date you send your IHT400 before applying for your grant.”
“You need to allow time for HMRC to process the IHT400 before applying for your grant. This means that your IHT421 will be with HMCTS and can be matched to your probate application shortly after you apply.”
In regards to caveats, the Law Society reported saying:
“Members have raised queries as to whether there must be an exact match in terms of the information that is entered.
“The feedback from our members is that there are variations, for example, in how you can enter address information.
“HMCTS have indicated they are looking at this and hope to incorporate a tech change which will aid them in their matching. At the moment, a caveat matches on the name, date of birth and date of death.
“The date of birth and date of death have to be accurate for a match to come up.
“HMCTS has said that there have been a number of instances where this information has been erroneously entered, for example mixing the date of birth with the date of death.
“HMCTS are looking at their notification system to make sure that all the information that has been entered into a caveat is matching.”
The next Probate Service User Group Meeting will take place at the end of January 2021.
If you have any queries/questions that you would like raised at the next meeting email hmctscourtreform@lawsociety.org.uk.
