The changing face of probate in a Covid-19 world

By early 2020, the probate service had worked hard to recover from the surge of applications in 2019, due to the now-scrapped plan to increase probate fees.

With excess deaths associated with COVID-19, probate registries have seen an unprecedented number of applications. Changing processes and long delays seem set to stay as the pandemic continues.

With the official death toll of COVID-19 in the UK reaching 103,704 (as of the week ending 15th January 2021), increased pressure on the probate sector seems likely to continue into 2021.

What has changed in probate due to COVID-19?

To speed up the process and alleviate the pressure on probate registries across the UK, the sector has seen the following changes to the process:

1. Continued improvements to the online probate service

In an attempt to ensure the probate sector catches up with the 21st century at some point within the 21st century, HMCTS launched an online probate service in October 2019. With this in place, probate applications can be submitted online.

Some physical documents must still be sent, and whilst the online service has not, so far, been noted to speed up proceedings, it does at least allow applications to be tracked.

As a general rule, we would always recommend our clients to be cautious before submitting their application online. In many cases, there will be Inheritance Tax (IHT) considerations that will affect probate and require a specialist probate solicitor to handle the process.

2. Improving aspects of the application process

Before the pandemic, a physical signature was required to submit probate applications. With the rather worrying ‘lockdown dip’ in application submissions during May 2020 when registries shut, HMCTS agreed to temporarily accept electronic signatures. This is likely to have minimised the jump in applications once lockdown restrictions lifted, if not having avoided it entirely.

Further ways around signing documents in person have also been introduced. For example, HMCTS will accept statements of truth from solicitors in place of affidavits in certain circumstances. Further details can be found on the Law Society website.

3. Registering deaths online

Before the pandemic, deaths had to be physically registered in person. This came to a halt during the first lockdown. Registering a death can now be carried out over the phone or online.

When the Coronavirus Act was passed, GPs were allowed to certify a death and send an electronic copy of the certificate.

How can I ensure my application for probate runs as smoothly as possible despite COVID-19?

Whilst the wait times for receiving a grant of probate look set to continue, there are still ways to avoid further delays and potentially costly problems with IHT.

Having a specialist probate solicitor will make a potentially distressing process much easier. Ensuring the process is completed accurately from the start will minimise pre-grant delays, take the stress off the application process itself, and remove the headache of administering the estate.

If you are in the process of finding a solicitor or are looking to collate the information needed to begin probate, consider getting together the following information to speed up the pre-application process:

• Find the Will (contact their solicitor or accountant, search their home and check the Principal Registry of the Family Division)
• Register the death (using the government’s website)
• Use the Tell Us Once service to notify DVLA, Passport Office and HMRC in one go
• Notify their bank, providers of any financial agreements they may have had (such as a car on finance) and their mortgage provider
• Contact their insurance provider(s)
• Collect any financial information about their assets – their savings, income, property, life insurance payouts, as well as any other debts or liabilities, such as credit card payments

At Carlsons Solicitors, our clients benefit from the peace of mind that things are being handled correctly. Our team works hard to streamline the process from beginning to end, from the initial application to administering estates in the best interests of the executor and any beneficiaries. Get in touch with our specialist team to arrange an appointment.