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Law firms facing backlash due to probate delays

Law Society Urges Minimum Service Levels for Probate Service

Law firms are facing a growing backlash from clients due to ongoing delays at the Probate Service, leading to increased unbillable time, the Law Society has reported. The society has called for minimum service levels to be established, with appropriate reimbursement for users affected by delays.

The Justice Select Committee has launched an inquiry into probate delays, receiving written submissions and hearing from witnesses this week. While Justice Minister Mike Freer has stated that probate backlogs are decreasing, the Law Society highlighted the negative impact of delays on clients and solicitors.

Clients are facing additional costs, interest payments, and delays in selling assets, while solicitors are unable to charge for the time spent on cases and facing blame from clients for delays beyond their control. Private client lawyers are experiencing frustration and stress, with some questioning their future in the profession due to the impact on their health.

The Law Society proposed introducing clear processing times, guidelines, and performance metrics to manage expectations and reduce stress. If service standards are not met, users should be appropriately reimbursed, such as through fee refunds or rescinded interest payments.

National law firm Irwin Mitchell supported the Law Society’s proposal, emphasizing the need for improved service quality. The Council for Licensed Conveyancers called for a comprehensive review of the probate process to modernize and enhance efficiency.

London law firm Wedlake Bell attributed many issues to the HM Courts and Tribunals Service’s reform program, which has negatively impacted the Probate Registry’s efficiency. Charities, such as Remember A Charity and Cancer Research, are also feeling the effects of probate delays, with millions of pounds in legacy income tied up in the process.

The call for greater transparency and efficiency in the Probate Service is growing, with stakeholders urging for reforms to address the backlog and improve service delivery. As the inquiry continues, the legal community and charity sector are hopeful for positive changes to alleviate the challenges posed by probate delays.

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