Law firm issues official complaint over 13-month probate delay

A law firm has filed a complaint to His Majesty’s Courts and Tribunals Service (HMCTS) following lengthy delays to a complex probate case.

While HMCTS has made considerable progress with its digital probate system (recent figures suggest grants for online cases are now taking an average of 4.8 weeks), more complicated cases still require paper submissions to the Probate Registry.

Rachel Roche, founder of York-based Roche Legal, said her firm had encountered “outrageous” delays in a case involving a French national who held considerable funds in a UK bank account.

The firm submitted an application for probate on 27 February 2024 alongside additional supporting documentation. Then, in May, the practice was informed that the case had been referred to one of a small number of suitably qualified probate examiners because of its complexity.

Ms Roche said: “Although we provided all requested information, including certified translations and notarial documents, we have not received any meaningful update since October 2024 despite repeated follow-ups and assurances that the case has been expedited. What makes this even more frustrating is that we had another case, also involving a foreign domicile, that was processed and approved in just over two months. The inconsistency is staggering.

“This is not just red tape,” she added. “It is deeply distressing for families and creates significant disruption when estates are left unresolved for months, or even years.”

A spokesperson for the Ministry of Justice told the Law Society Gazette: “We were not provided with sufficient detail to look into this case, however foreign domicile probate cases are among the most complex and often require additional information from the applicant. 

“Most probate applications are granted within eight weeks and we are working to reduce waiting times for applicants, including through staff training which has resulted in record numbers of grants being issued in recent months.”

The Ministry added that applicants who feel their cases are not progressing adequately can request a probate surgery appointment.