Probate

The probate process has seen significant delays, especially with the shift to online applications, which have become slower since the pandemic. While simple cases can be processed in about four weeks, more complex situations may take 16 weeks or longer. This blog explores the current state of probate processing times, factors causing delays, and practical advice on how to ensure your application moves forward smoothly. Learn how keeping a Will updated and seeking professional guidance can help minimize disruptions in this important legal process.

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Probate processing time update

28 November 2024 By Nigel Gibson-Birch Wills, Trusts & Probate

Man’s will found in draft form on computer ruled to be valid  

11 July 2022 By Nicki Denton-Masih Wills, Trusts & Probate

   The High Court has ruled that a man’s will that existed only in draft form on a computer, but which was signed by two reliable witnesses, should be accepted as valid.    This is a highly unusual decision because generally, the original will, signed in the presence of two witnesses present at the same time, must

Rise in Probate Fees from 26th January 2022

17 January 2022 Wills, Trusts & Probate

The government has confirmed that probate fees will increase to a rate of £273 for all applicants, regardless of the size of the estate, from 26th January 2022. At present, where an estate is more than £5,000, HM Courts and Tribunals Service (HMCTS) charges on a two tier scale. If you are a probate practitioner

Widow granted injunction to prevent husband’s will being challenged

9 December 2021 By Radha Chauhan Dispute Resolution, Wills, Trusts & Probate

A widow has been granted a court order to prevent her deceased husband’s children from challenging his will under the Italian legal system. The deceased was born in Italy but moved to England aged 20, where he remained resident until he died aged 78 in 2018. His entire working life and most of his assets

Families need access to digital assets of deceased loved ones

7 October 2021 By Jonathan King Wills, Trusts & Probate

Probate lawyers are urging the government to introduce reforms to make it easier for families to access the ‘digital assets’ of deceased relatives. A new report carried out by STEP – the professional body for inheritance planning advisers – highlights the extent of the distress caused by being cut off from digital assets when family members

Court interprets woman’s will to enable all her children to inherit

8 September 2021 Wills, Trusts & Probate

The High Court has reconciled contradictory instructions relating to a deceased woman’s estate so that all three of her children can receive an equal inheritance. The court made the ruling after the trustees of a settlement applied for an interpretation of the woman’s will. Under the deed of settlement, the woman had a special power

Court outlines tests for delusional mindset when making a will

12 July 2021 By Jonathan King Wills, Trusts & Probate

The High Court has outlined some tests for mental capacity and whether a person may have had delusional beliefs when making a will. The issue arose following a family dispute involving a brother and sister. Their parents had divorced in 1980 when their mother discovered letters written by her husband which revealed that he had

Adult brothers not entitled to further money under father’s will

12 July 2021 Dispute Resolution, Wills, Trusts & Probate

Two adult brothers have failed in their attempt to be given a share of their deceased father’s estate after being left out of his will. The High Court ruled that it was clear that the father had made provision for them while he was alive and did not want them to receive anything further. The

Children entitled to a share of father’s estate despite estrangement

7 June 2021 Wills, Trusts & Probate

Two teenage brothers have been granted a share of their father’s estate even though they were estranged from him and had been excluded from his will. The two boys, referred to only as J and H in court, who were aged 16 and 15 respectively at the date of their father’s death in 2018. Their

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