Today’s Wills and Probate caught up with the Probate Office to get an update on the progress made since the mandatory roll out of online applications at the start of November last year.
Last month we gave an insight into the probate office a month after it was officially made mandatory for probate professionals to submit probate forms online. HMCTS had told Today’s Wills and Probate that the mandatory submission of probate forms online had been a success, from the point of view of digital applications which had increased as expected. And HMCTS confirmed an extension to the grace period until the 11th January 2021 “to allow firms to resolve any outstanding issues with their application for a HMCTS Fee Account and/or to register for MyHMCTS and set up users within their firm”. But…”After 11 January 2021 all applications except the confirmed exceptions must be submitted using the online service. Users who have or can register are urged to continue to use the online service in the intervening period.”
Stephen Burgess at HMCTS recently spoke about the progress that have been made by the probate office.
Why was the grace period extended until next year?
Following our announcement last October we saw a large number of organisations register and start to use the online probate service via MyHMCTS. Since October, we have more than doubled the number of users on the system in comparison to when the mandation was announced and the number of digital applications we receive has doubled. However, when the end of the grace period was imminent, it was apparent that a small number of users needed more time to allow firms to resolve any outstanding issues with their application for a HMCTS Fee Account and/or to register for MyHMCTS and set up users within their firm. We urge those who have or can register to continue using the online service for all the application types available.
It says after 11th January 2021, all applications except the ‘confirmed exceptions’ must be submitted using the online service, what are the ‘confirmed exceptions’? what does this include?
Professionals can now use MyHMCTS to apply for a large majority of Probate Applications for single and multiple executors.
Professionals can also continue to make applications for grants of letters of administration and letters of administration with will annexed via the online process. Detailed criteria and when you should apply using paper applications for Letters of administration and Letters of administration with will annexed can be found here.
Not all probate grant applications can be accepted through the MyHMCTS portal and we have published a list of confirmed exceptions. In the cases listed below, you must apply using the paper form.
If none of these conditions apply, then you must use MyHMCTS.
• for a second grant for the same estate
• where the person entitled has been convicted of murder or manslaughter of the deceased or has otherwise forfeited the right to apply
• in respect of a foreign will
• accompanied by an application to prove a copy of the will
• where all those entitled are deceased, to any of their legal personal representatives
• accompanied by an application for rectification or fiat copy of the will for joinder of administrator, under rule 25
• two or more persons are entitled in the same degree, under rule 27 (3) to (8)
• where the deceased died domiciled outside England and Wales, under rule 30, except a grant under rule 30 (3)(b)
• to attorneys, under rule 31
• to trust corporations and other corporate bodies, under rule 36
• related to resealing under Colonial Probates Acts 1892 and 1927, under rule 39
• for administration under discretionary powers of court section 116, under rule 52
What are your turn around times now for applications, digitally or non-digitally?
The most recently published information regarding waiting times for a grant of probate covers July 2020 to September 2020 and is published here. It states that there has been an “Increase in the proportion of applications for probate grants and probate grants issued made digitally. In July to September 2020, there were 61,793 applications for probate grants. 60,230 probate grants were issued in the same period. 34% of these applications and 36% of these grants issued were made digitally, compared to 19% and 13% respectively in the same quarter in 2019.”
The tables below show the number of applications made and grants issued for grants of representation in non-contentious probate proceedings, by type and method of application, including grants revoked, resealed and standing searches for Q3 2020.
Table 24 The Probate Service
Table 24 The Probate Service
How many grants did you issue last week (paper and on the CTSC digital platform). How many paper applications did you receive last week (and how many to CTSC?)
We publish weekly data (on a monthly basis) on the number of receipts and disposals and you can find that here.
5) Family data is especially subject to revision due to late data recording, and disposals for the most recent weeks in particular are likely to be revised up and outstanding cases down.
The mandation of solicitor probate applications started on 2nd November, what impact has it had on the probate office and practitioners?
Mandation of probate applications for professional users has supported the Probate Service in processing applications faster, while we continue to have a remote workforce. Cases lodged digitally require fewer administrative processes in the movement of paper files to the where the case workers are based.
What can solicitors and those dealing with probate do to help applications process quicker going forward?
We have recently identified an issue where a small number of professional users are lodging an application through MyHMCTS but also sending us a paper copy of the application form (PA1P/PA1A) when they send in the original Will and other supporting documents or when responding to a query on their case. Our automated bulk scanning process reads this as a new application, and this creates a duplicate case and can result in a further fee being deducted from the professional’s PBA account. The result of lodging this form incorrectly is extra administrative work and cost in resolving the issue and refunding the users fee. Please do not send us paper applications if you have made the application online.
Solicitors using and providing feedback on the digital service will help us streamline the service we provide.
We have recently produced an article called ‘5 steps to a successful Probate application’, which is aimed at professional users and providing them with guidance to help prevent applications being stopped.
To further assist us in processing applications, it is important that Solicitors and citizens wait at least 15 days before lodging their probate applications if they have had to submit form IHT 421 to HMRC. By doing this it will ensure that when their application is received, we will already have notification from HMRC that it can proceed. Currently this accounts for nearly 40% of our stops and adds time onto all of those applications. We are continually working with HMRC to improve cross agency working and have moved away from a paper-based process. We are also looking to develop a more automated process
My HMCTS allows probate professionals to track the progress of their cases and we ask that they check their case status before calling the Courts and Tribunals Service Centre.
Staff in the Courts and Tribunals Service Centres are specially trained in probate to provide professionals with the best possible service. They answer enquiries and administer cases, reducing the number of calls allows staff to focus on issuing grants allowing probate professionals to better serve their clients.
Finally, we would ask for the legal profession to remain patient and understanding of the pressures the staff working within the probate service are facing. The pandemic, and associated restrictions brought unprecedented challenges and has impacted how we all live and work and the staff in the probate service have worked tirelessly throughout to continue to keep the probate service working.
And finally, what is the best way for practitioners to communicate with you at present?
One of the benefits of the online system is that probate professionals can track and find out updates on their cases without having to contact the CTSC. We have included guidance on the meanings of the all the case states, which can be found here (https://www.gov.uk/government/publications/myhmcts-how-to-apply-for-probate-online/apply-for-probate-with-myhmcts) We will be updating the probate professionals MyHMCTS dashboard in February to provide clearer and further information about the progress of applications. We ask that you use the status checker and do not call us to check on progress within 6 weeks of us receiving the will from you.
Probate professionals can contact us on the following emails –
MyHMCTS account queries – MyHMCTSsupport@justice.gov.uk
Technical issues and feedback – probatefeedback@Justice.gov.uk
We are unable to provide case updates if you send a request to these emails.
Today’s Wills and Probate will update you next month on further progress made on the mandatory roll out of online probate applications.
