Guidance on Applying for Grants of Probate from The Law Society of England and Wales
The Law Society of England and Wales has recently released updated guidance for practitioners on applying for grants of probate. The guidance covers important information on probate fees, online applications, paper applications, common issues, and how to check application progress.
One key update is that from 26th January 2022, all users of the probate service will pay a single, flat rate fee of £273. The Ministry of Justice (MoJ) has also announced that probate fees will be waived for estates worth £5,000 and under. The Law Society has recommended that users should be offered reimbursement for probate delays.
For online applications, all grants of probate applications (where there’s a will) must be made using the MyHMCTS online service for professionals. This service allows users to monitor the stages of their application, receive notifications of any status changes, and share a case with someone else in their firm if needed.
When sending evidence for online applications, practitioners should send all supporting documents to HMCTS Probate in Harlow. It’s important to attach a cover letter for each piece of evidence to ensure smooth processing.
For paper applications, practitioners should wait 16 weeks after HMCTS has received the application before contacting the Courts and Tribunals Service Centre (CTSC). Priority action will be taken for cases involving hardship, house sales, or court action.
The Law Society has raised concerns about the long wait times for paper applications and is working with HMCTS to address the issue. Annotated PA1P and PA1A forms have been provided to help practitioners with paper applications.
Overall, the guidance aims to streamline the probate application process and provide practitioners with the necessary tools and information to navigate the system effectively. Practitioners are encouraged to follow the guidelines provided by the Law Society to ensure a smooth and efficient probate application process.
