Probate delays surge – a 134% rise in year-long cases

New analysis of Freedom of Information (FoI) data obtained from the Ministry of Justice by Quilter, financial adviser and pension provider, has found that the number of probate cases taking over a year to be granted has risen by 134% over the last three years.

This increase in wait time comes as the government prepares to make pensions liable to inheritance tax (IHT) which could further delay the grant of probate in many cases.

The number of probate cases taking between 21 and 23 months to be granted has risen by 132% highlighting the “ongoing strain” on the probate process even before pension wealth becomes part of the process in April 2027. Jon Greer, head of retirement policy at Quilter said:

“Under the current set of rules, we are already witnessing huge delays in granting probate causing significant stress for grieving families. With pensions set to become part of the taxable estate from April 2027, the situation is only likely to worsen. Pension schemes often remain unaware of a member’s death immediately, delaying legal and tax processes. This means legal personal representatives will face an even greater burden, consolidating information across multiple pension schemes.

 These delays and added responsibilities compound an already difficult situation. Executors, often close kin or friends, will need to input detailed information, adding complexity to an already time-intensive task. Pension schemes will have to decide whether to continue with discretionary processes for identifying beneficiaries, which can add significant time.”

The recent data from HM Courts & Tribunals Service (HMCTS) for October revealed that waiting time for probate applications slightly increased in the number of weeks from submission to grant issue for all probate applications – increasing from 8.8 to 9.6 weeks.

November marked the shortest waiting time since the past year, which stood at 8.8 weeks. This was a significant difference from October 2023 when the waiting time was 15.2 weeks.

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