The Law Gazette reports that applications for grants of probate fell by around 50% during coronavirus lockdown. With probate solicitors unable to get into offices to access physical Wills and relatives unable to retrieve required documents from relatives’ homes, the number of applications typically seen at this time of year dropped sharply. However, Her Majesty’s Court and Tribunal Service (HMCTS) has said it anticipates a surge in applications once lockdown measures are fully eased.

Anecdotal evidence from probate solicitors suggests there are still considerable delays at hand in acquiring probate: the average time frame for grant of probate appears to be around three months, with some solicitors still waiting for grants on applications sent five months ago.

Here we take a look at several probate application issues which are currently significant.

New forms saw low uptake

The phasing in of new application forms which replaced the “Statement of Truth” saw slow uptake, with just 50 applications made on the new forms out of 2,000 since they were launched.

The new standardised form for professionals means there is no longer a requirement for probate solicitors to draft a ‘statement of truth’. Rather, a ‘Legal Statement’ will be signed by the applicants or authorised person and is incorporated into the relevant PA1 form.

The streamlined forms, PA1P if there is a Will and PA1A if there is no Will, will eventually be available in a single version format to be used by professional and personal applicants.

The online application process

In October 2019, HMCTS began trialling an online probate application service. More than 50 firms took part in the pilot scheme, using real cases to test the system and to initiate feedback. The online service allows probate solicitors to:

• set up and manage an account online
• use a single dashboard to view all their probate applications
• monitor the progress of each application, reducing the need for contacting HMCTS for updates via other methods

However, administrative process used to obtain the necessary grant still largely depends on the nature, complexity and value of the deceased person’s estate. So far, the most successful use of the online system has been in processing simpler, uncontested applications.

Plans to develop the system to cover a broader range of applications in the future have been proposed and all practitioners who use the system are encouraged to provide feedback.

Working towards a centralised system for all applications

A central ‘bulk scanning’ and storage facility now allows all paper forms sent by personal applicants to be processed in one location and entered into digital case files. The centralised nature of this facility means HMCTS staff can then work on cases from anywhere in the country, including remotely and when working at home.

However, there was much initial criticism of the move to bulk scanning. The digitisation process has been outsourced to a private company, whereas previously, applications had been manually processed by experienced civil servants who could easily spot problems. Criticism of the new centralised process includes the presence of errors in applications which are not addressed in the first instance, increased risk of fraud, and a slower processing time.

Latest guidance for probate applicants

On June 12, the Law Society published new guidance for probate solicitors in the form of an FAQ document which provides support for practitioners. The guidance covers numerous probate process topics including:

• online applications
• paper applications
• general queries
• IHT queries
• the probate process explained
• guidance on signatures

Online application guidance includes information for practitioners who are already using the online service and for any probate solicitors who may be contemplating using the facility.

Questions about signatures have become particularly pertinent as a result of the coronavirus lockdown measures and the guidance gives examples of acceptable electronic signatures alongside some basic information about how they can be used in the probate process.

The downloadable probate guidance PDF is available here.