Rising court fees and the urgent need for improved probate services in the UK
The Ministry of Justice (MoJ) has recently announced a 10% increase in Court fees, including those for grants of representation for estates valued over £5,000. This measure, expected to generate an additional £34million to £42million annually, is scheduled for implementation in spring 2024.
Evaluating service quality amid fee increases
This impending fee hike prompts a critical question: will it lead to improved and more efficient services, or will the current decline in service standards persist? Over the past five years, the probate service, which processes applications for grants of representation, has experienced a notable decrease in service quality. These grants, crucial for estate administration, are increasingly delayed, impacting the timely completion of estate administration.
Challenges in the probate service
The transition to an online application system, intended to streamline processes, has ironically led to extended processing times. The closure of local district probate registries and the challenges posed by the Covid-19 pandemic have further exacerbated the backlog. The official Government website suggests a 16-week processing time for grants of representation, but this timeframe often applies only to straightforward cases. More complex applications, especially those requiring paper submission, face even longer delays, sometimes extending to a year.
Impact on personal representatives
These delays are particularly distressing for personal representatives, often close family members, who are eager to settle the estate and find closure. Additionally, the delays can lead to significant financial strain due to ongoing interest on unpaid estate tax liabilities and cash legacies.
Call for Government action
The government is thus faced with the urgent task of enhancing the probate service’s efficiency and effectiveness. With fees on the rise, it is imperative that service standards do not continue to decline, as this would only exacerbate the frustrations of those who depend on this essential service.
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