The Government have announced that changes to procedures for the application of probate are to come into force on November 27th; one month from their initial announcement.
Because the Government ensured the rules were laid using a negative instrument, the proposals did not need to go through parliament in order to become law. Consequently, the Non Contentious Probate Rules 2018 amendments have been signed by an MP and will now come into law by the end of November.
Having already trialled the use of digital online applications from personal applicants during the summer, the new law will extend this to all applicants that are not represented by probate specialists during the application.
The Government hope that offering a digital process will make the application process simpler, faster and more convenient.
However, there are also concerns that the stipulation that the online application can only be completed by unrepresented applicants, could lead to more people attempting the probate process without specialist support.
The application process will be simplified further by the fact that it can now be verified by a single ‘statement of truth,’ as opposed to the onerous process of making a formal oath that is signed by a myriad of people including the applicant and legal service representative.
Furthermore, those wishing to question an estate by making caveats to the probate process or applying for standing searches to research the grant of application further will be able to do so using the new electronic system.
The amendment will also extend the powers of district probate registrars. The new amendments will give them similar powers to a district judge which could see their role develop further in the future.
Despite offering amendments that are aimed at simplifying the process, there is a worry that many will use the online system to bypass a probate specialist which could open the door to increased contentious probate cases.
There is also confusion surrounding the extended role of the probate registrar and how far their increased powers will stretch.
How will this affect specialists in the Wills and probate sector? Do you envision any further problems with that could arise through this amended legislation?
