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Members of Parliament on the justice committee initiate a fresh investigation into delays in probate processes.

MPs to Investigate Probate System Delays and Consumer Protection

MPs to Investigate Probate System Amid Concerns Over Delays and Consumer Protection

The House of Commons justice committee has announced that it will be launching an inquiry into the probate system following growing concerns about delays and consumer protection issues. The committee noted that waiting times for probate have nearly doubled from April 2022 to April 2023, with reports indicating that some cases are taking more than 11 months to process.

MPs will be examining various aspects of the probate service, including capacity, resources, and delays, as well as the impact of digitization and centralization, particularly looking at the effectiveness of the online probate portal. One key focus will be on whether fees and fee thresholds are set at the appropriate level.

The Probate Registry’s operations will be scrutinized, and the committee will also be seeking input from individuals who have gone through the probate process to understand their experiences and ensure that beneficiaries, executors, and the bereaved are adequately supported and protected from any potential rogue traders.

Sir Bob Neill, the Conservative chair of the committee, expressed his concerns over the significant rise in probate waiting times and stressed the importance of addressing the issues of capacity and resourcing within the system. He emphasized the need to improve the administration of probate to better assist individuals who are already dealing with the loss of a loved one.

Written submissions for the inquiry must be submitted by January 22, with witnesses expected to provide evidence thereafter.

A recent survey commissioned by the Law Society revealed that a majority of practitioners believe that online portals have contributed to delays in the probate process. Other factors cited for the delays included timeliness, communication issues, technical difficulties, and a lack of HMCTS staff to address problems. The survey also highlighted concerns about the online process taking longer than the traditional paper-based system, poor response times, limited staff knowledge, and delays in issuing grants.

The inquiry aims to address these issues and improve the probate system for individuals navigating the process during a difficult time.

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