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To ask the Secretary of State for Justice, what avenues are available to applicants for Probate whose applications have not been actioned for at least four months and who are informed by the recorded message at the Probate Office that no information will be provided on the progress of existing...
To ask the Secretary of State for Justice, what avenues are available to applicants for Probate whose applications have not been actioned for at least four months and who are informed by the recorded message at the Probate Office that no information will be provided on the progress of existing...
As of March 2020, all calls are now answered by the Courts & Tribunals Service Centres, which are equipped with modern technology to monitor performance levels and make improvements to the service being offered.
The service can be contacted Monday to Friday 8am to 5pm, moving to 8am to 6pm Monday to Friday and 8am to 2pm on a Saturday from the 1st February via:
- webchat available at https://www.gov.uk/applying-for-probate/apply-for-probate (opens in a new tab)
- telephone on 0300 303 0648
- email at contactprobate@justice.gov.uk
The Courts and Tribunals Service Centre is currently focusing on providing progress updates via telephone on cases over eight weeks of age due to high levels of demand.
For professional users, real time information about the progress of digital cases can be obtained via the online Probate service without the need to contact HMCTS.
To ask the Secretary of State for Justice, what recent assessment his Department has made of the level of administrative delays in probate cases.
To ask the Secretary of State for Justice, what recent assessment his Department has made of the level of administrative delays in probate cases.
The most recently published information regarding waiting times for a grant of probate covers July 2020 to September 2020 and is published on gov.uk via Family Court Statistics Quarterly (Table 26):
Average time to grant issue for probate grants, England and Wales 1,2, 3 | ||||
| Application submission to grant issue | Document receipt to grant issue3 | ||
| Mean weeks | Median weeks | Mean weeks | Median weeks |
July 2020 to September 2020 | 6.7 | 4.9 | 6 | 4.4 |
Source HMCTS Core Case Data
1) HMCTS Core Case Data (CCD) came into effect at the end of March 2019, following a transition between data systems recording information regarding The Probate Service.
2) The average timeliness figures are produced by calculating the time from application/document receipt (which may be from an earlier period) to the grant issued made in that period.
3) Document receipt occurs after payment has been made and all accompanying paperwork has been received by HMCTS.
In 2020 the level of applications being made increased and the service faced unprecedented challenges due to the impact of Covid-19.
Despite this, and as a result of HMCTS increasing resources to meet demand, the average length of time taken for a Grant of Probate to be issued improved quarter on quarter throughout the year.
To ask the Secretary of State for Justice, how many applications for grant of probate his Department has outstanding at the most recent date for which that information is available.
To ask the Secretary of State for Justice, how many applications for grant of probate his Department has outstanding at the most recent date for which that information is available.
Data showing the volume of applications for Grant of Probate that are outstanding includes both cases that have not yet been issued and also all cases which could not be processed by HMCTS, on initial receipt, due to missing or inaccurate information (cases which are ‘stopped’):
Outstanding1 Grant of Probate Application at 27 December 2020, England and Wales 1,2, 3, 4 | |||
Probate | |||
| Volume of outstanding applications | Volume of stopped applications |
|
27-Dec-20 | 20,759 | 18,824 |
|
- The number of grant applications submitted but not yet withdrawn or issued. Dormant Applications have been excluded.
- Stopped cases are a subset of the volumes of cases and include cases with a status of 'Case stopped re-issue', 'Case Stopped', 'Stopped'.
- Data and management information and may differ from previously published data. are not subject to the same level of checks as official statistics. Data in line with published MI (14/1/2021).
- Data has not been cross referenced with case files and are not subject to the same level of checks as official statistics.
The overall volume of outstanding cases has been steadily reducing in recent months.
The most recently published information regarding waiting times for a grant of probate covers July 2020 to September 2020 and is published on gov.uk via Family Court Statistics Quarterly (Table 26):
Average time to grant issue for probate grants, England and Wales 1,2, 3 | ||||
| Application submission to grant issue | Document receipt to grant issue3 | ||
| Mean weeks | Median weeks | Mean weeks | Median weeks |
July 2020 to September 2020 | 6.7 | 4.9 | 6 | 4.4 |
Source HMCTS Core Case Data |
|
|
| |
- HMCTS Core Case Data (CCD) came into effect at the end of March 2019, following a transition between data systems recording information regarding The Probate Service.
- The average timeliness figures are produced by calculating the time from application/document receipt (which may be from an earlier period) to the grant issued made in that period.
- Document receipt occurs after payment has been made and all accompanying paperwork has been received by HMCTS.
In 2020 the level of applications being made increased and the service faced unprecedented challenges due to the impact of Covid 19.
Despite this, and as a result of HMCTS increasing resources to meet demand, the average length of time taken for a Grant of Probate to be issued improved quarter on quarter throughout the year.
To ask the Secretary of State for Justice, what average time has been taken by his Department to issue a grant of probate after receipt of an application in the most recent period for which that information is available.
To ask the Secretary of State for Justice, what average time has been taken by his Department to issue a grant of probate after receipt of an application in the most recent period for which that information is available.
Data showing the volume of applications for Grant of Probate that are outstanding includes both cases that have not yet been issued and also all cases which could not be processed by HMCTS, on initial receipt, due to missing or inaccurate information (cases which are ‘stopped’):
Outstanding1 Grant of Probate Application at 27 December 2020, England and Wales 1,2, 3, 4 | |||
Probate | |||
| Volume of outstanding applications | Volume of stopped applications |
|
27-Dec-20 | 20,759 | 18,824 |
|
- The number of grant applications submitted but not yet withdrawn or issued. Dormant Applications have been excluded.
- Stopped cases are a subset of the volumes of cases and include cases with a status of 'Case stopped re-issue', 'Case Stopped', 'Stopped'.
- Data and management information and may differ from previously published data. are not subject to the same level of checks as official statistics. Data in line with published MI (14/1/2021).
- Data has not been cross referenced with case files and are not subject to the same level of checks as official statistics.
The overall volume of outstanding cases has been steadily reducing in recent months.
The most recently published information regarding waiting times for a grant of probate covers July 2020 to September 2020 and is published on gov.uk via Family Court Statistics Quarterly (Table 26):
Average time to grant issue for probate grants, England and Wales 1,2, 3 | ||||
| Application submission to grant issue | Document receipt to grant issue3 | ||
| Mean weeks | Median weeks | Mean weeks | Median weeks |
July 2020 to September 2020 | 6.7 | 4.9 | 6 | 4.4 |
Source HMCTS Core Case Data |
|
|
| |
- HMCTS Core Case Data (CCD) came into effect at the end of March 2019, following a transition between data systems recording information regarding The Probate Service.
- The average timeliness figures are produced by calculating the time from application/document receipt (which may be from an earlier period) to the grant issued made in that period.
- Document receipt occurs after payment has been made and all accompanying paperwork has been received by HMCTS.
In 2020 the level of applications being made increased and the service faced unprecedented challenges due to the impact of Covid 19.
Despite this, and as a result of HMCTS increasing resources to meet demand, the average length of time taken for a Grant of Probate to be issued improved quarter on quarter throughout the year.
To ask the Secretary of State for Justice, what steps he is taking to reduce the length of time taken for a Grant of Probate to be issued.
To ask the Secretary of State for Justice, what steps he is taking to reduce the length of time taken for a Grant of Probate to be issued.
The most recently published information regarding waiting times for a grant of probate covers July 2020 to September 2020 and is published on gov.uk via Family Court Statistics Quarterly (Table 26).
In 2020 the level of applications being made increased and the service faced unprecedented challenges due to the impact of Covid 19.
Despite this, and as a result of HMCTS increasing resources to meet demand, the average length of time taken for a Grant of Probate to be issued improved quarter on quarter throughout the year.
HMCTS continues to invest in the improvement of the online Probate system which was developed as part of the wider HMCTS Reform Programme to further streamline ways of working resulting in a system that is simpler and easy to understand for applicants; is accessible; and more efficient and robust to run.
To ask the Secretary of State for Justice, what assessment he has made of the effect of HM Courts & Tribunals Service Centres answering Grant of Probate calls from March 2020 on the effectiveness of that process.
To ask the Secretary of State for Justice, what assessment he has made of the effect of HM Courts & Tribunals Service Centres answering Grant of Probate calls from March 2020 on the effectiveness of that process.
As of March 2020, all calls are now answered by the Courts & Tribunals Service Centres which are equipped with modern technology to monitor performance levels and make improvements to the service being offered. The service can be contacted Monday to Friday, 8am to 5pm via telephone on 0300 303 0648.
The average wait for people telephoning the national Courts and Tribunal Service centre with queries relating to Probate between April 2019 to March 2020 was 2 minutes 21 seconds.
Volumes and waiting times for calls have risen since March 2020. Waiting times rose to an average of 19 minutes in July 2020 but had been steadily improving prior to November 2020 when the service received the highest number of calls to date and waiting times increased as a result. HMCTS are committed to reducing call waiting times and have improved call routing as well as increasing resources to meet demand.
To ask the Secretary of State for Justice, what assessment he has made of the average time being taken for Grants of Probate to be issued; what plans he has to reduce that length of time (a) during the covid-19 outbreak and (b) permanently; and if he will make a...
To ask the Secretary of State for Justice, what assessment he has made of the average time being taken for Grants of Probate to be issued; what plans he has to reduce that length of time (a) during the covid-19 outbreak and (b) permanently; and if he will make a...
The most recently published information regarding waiting times for a grant of probate covers April 2020 to June 2020 and is published on gov.uk via Family Court Statistics Quarterly (Table 26).
HMCTS increased resources in Spring 2020 in readiness of a potential increase in demand and waiting times have continued to improve despite the impact of Covid 19.
As of March 2020, all calls are now answered by the Courts & Tribunals Service Centres, which are equipped with modern technology to monitor performance levels and make improvements to the service being offered. The service can be contacted Monday to Thursday, 8am to 5pm or Friday, 8am to 4pm via:
- webchat available at https://www.gov.uk/applying-for-probate/apply-for-probate
- via telephone on 0300 303 0648
- via email at contactprobate@justice.gov.uk
For professional users, real time information about the progress of digital cases can be obtained via the online Probate service without the need to contact HMCTS.
The average wait for people telephoning the national Courts and Tribunal Service centre with queries relating to Probate between April 2019 to March 2020 was 2 minutes 21 seconds.
Volumes and waiting times for calls and emails have risen since March 2020, peaking at an average of 19 minutes in July 2020 but they are steadily improving, reducing to an average of 13 minutes in October 2020 and resources are being increased to meet the increased demand.
To ask the Secretary of State for Justice, what facilities exist for solicitors, practitioners and members of the public to obtain answers to their emails and telephone queries seeking information or progress updates from the Probate Service during the covid-19 outbreak; what assessment he has made of the effectiveness of...
To ask the Secretary of State for Justice, what facilities exist for solicitors, practitioners and members of the public to obtain answers to their emails and telephone queries seeking information or progress updates from the Probate Service during the covid-19 outbreak; what assessment he has made of the effectiveness of...
The most recently published information regarding waiting times for a grant of probate covers April 2020 to June 2020 and is published on gov.uk via Family Court Statistics Quarterly (Table 26).
HMCTS increased resources in Spring 2020 in readiness of a potential increase in demand and waiting times have continued to improve despite the impact of Covid 19.
As of March 2020, all calls are now answered by the Courts & Tribunals Service Centres, which are equipped with modern technology to monitor performance levels and make improvements to the service being offered. The service can be contacted Monday to Thursday, 8am to 5pm or Friday, 8am to 4pm via:
- webchat available at https://www.gov.uk/applying-for-probate/apply-for-probate
- via telephone on 0300 303 0648
- via email at contactprobate@justice.gov.uk
For professional users, real time information about the progress of digital cases can be obtained via the online Probate service without the need to contact HMCTS.
The average wait for people telephoning the national Courts and Tribunal Service centre with queries relating to Probate between April 2019 to March 2020 was 2 minutes 21 seconds.
Volumes and waiting times for calls and emails have risen since March 2020, peaking at an average of 19 minutes in July 2020 but they are steadily improving, reducing to an average of 13 minutes in October 2020 and resources are being increased to meet the increased demand.
Motion that this House has considered the effectiveness of the Probate Registry Service. Agreed to on question. Sitting suspended.
Motion that this House has considered the effectiveness of the Probate Registry Service. Agreed to on question. Sitting suspended.
I beg to move,
That this House has considered the effectiveness of the Probate Registry Service.
It is a pleasure to serve under your chairmanship, Mr Davies; I think it is the first time I have done so. I am grateful for the opportunity to have this debate on the effectiveness of...
I beg to move,
That this House has considered the effectiveness of the Probate Registry Service.
It is a pleasure to serve under your chairmanship, Mr Davies; I think it is the first time I have done so. I am grateful for the opportunity to have this debate on the effectiveness of...
I have had contacts from solicitors in my constituency and I think it is important to illustrate how the current situation affects families. One family I heard of made an application in June, but probate was not received until late September—a wait of almost four months. During that time, they...
I have had contacts from solicitors in my constituency and I think it is important to illustrate how the current situation affects families. One family I heard of made an application in June, but probate was not received until late September—a wait of almost four months. During that time, they...
I am grateful for the right hon. Lady’s intervention. I agree with what she said and will come to the point that she was making about the sale of properties and how it is very important to get probate. It is interesting that she has heard from her local professionals...
I am grateful for the right hon. Lady’s intervention. I agree with what she said and will come to the point that she was making about the sale of properties and how it is very important to get probate. It is interesting that she has heard from her local professionals...
It is, as always, a great pleasure to serve under your chairmanship, Mr Davies. I thank my hon. Friend the Member for Carlisle (John
Stevenson) for securing this debate on a topic that is extremely important for all the reasons that he has eloquently laid out. When families suffer bereavement,...
It is, as always, a great pleasure to serve under your chairmanship, Mr Davies. I thank my hon. Friend the Member for Carlisle (John
Stevenson) for securing this debate on a topic that is extremely important for all the reasons that he has eloquently laid out. When families suffer bereavement,...
One concern that has been raised with me relates to Welsh language wills. Will the Minister assure me that the new provision will be able to deal appropriately, according to the Welsh Language Act 1993, with people’s right to present wills in the medium of Welsh, and that that will...
One concern that has been raised with me relates to Welsh language wills. Will the Minister assure me that the new provision will be able to deal appropriately, according to the Welsh Language Act 1993, with people’s right to present wills in the medium of Welsh, and that that will...
I believe that that is the case, but in the interest of absolute clarity it would be safest if I were to write to the right hon. Lady confirming it. I believe it is, but I will double check and write to her formally giving her the confirmation that she...
I believe that that is the case, but in the interest of absolute clarity it would be safest if I were to write to the right hon. Lady confirming it. I believe it is, but I will double check and write to her formally giving her the confirmation that she...
I am grateful for the Minister’s comments about consulting other MPs and what he is trying to achieve for the probate registry. I just want to make a couple of points. First, I think people are quite happy to pay the probate registry fee if they get a good service....
I am grateful for the Minister’s comments about consulting other MPs and what he is trying to achieve for the probate registry. I just want to make a couple of points. First, I think people are quite happy to pay the probate registry fee if they get a good service....
My hon. Friend is right on the question of the fee. The very large fee increase contemplated a year or two ago went far beyond cost recovery. The current fees, I believe, cover approximately two thirds, or perhaps three quarters—probably more like two thirds —of the cost of running the...
My hon. Friend is right on the question of the fee. The very large fee increase contemplated a year or two ago went far beyond cost recovery. The current fees, I believe, cover approximately two thirds, or perhaps three quarters—probably more like two thirds —of the cost of running the...
To ask the Secretary of State for Justice, what plans he has to bring forward legislative proposals to (a) resolve conflicts which arise between contract and probate law when the nominated completion date for sale of a property postdates the vendor's death but precedes probate being granted to their beneficiaries...
To ask the Secretary of State for Justice, what plans he has to bring forward legislative proposals to (a) resolve conflicts which arise between contract and probate law when the nominated completion date for sale of a property postdates the vendor's death but precedes probate being granted to their beneficiaries...
There are no current plans to bring forward legislation as these cases are exceptional, and the existing law provides for the means of resolving disputes arising in such circumstances. Nevertheless, the Government will keep this area of law under review and would welcome any examples of problems that have arisen.
Generally, where one of the contracting parties to the sale of a property dies before the completion of the sale, their legal responsibilities transfer to their personal representatives. They are able to enter into discussions with the other party to vary the contract (for example extend it) by mutual agreement.
If no such agreement can be reached, the Probate Registry can operate an emergency system to expedite the Grant of Probate or for a limited Grant of Probate to be issued. This may be used to enable the sale of the property to take place with minimum delay.
If probate is unlikely to be granted before a fixed completion date, the personal representatives may agree to allow the buyer into the property on licence pending formal completion.
In addition, Section 113 of the Senior Courts Act 1981 empowers a court to grant probate or administration in respect of any part of a deceased person’s estate, limited as a court feels is appropriate to the circumstances of the case.
To ask the Secretary of State for Justice, what steps his Department is taking to help improve communications between (a) probate registry offices and (b) solicitors.
To ask the Secretary of State for Justice, what steps his Department is taking to help improve communications between (a) probate registry offices and (b) solicitors.
As part of the £1bn HMCTS reform programme a new online service has been introduced for use by probate professionals. The service is available 24 hours a day and enables professionals access to real time information about the progress of their digital case without the need to contact HMCTS.
In addition to the online system, as of March 2020, all calls are now answered by the Courts & Tribunals Service Centres which are equipped with modern technology to monitor performance levels and make improvements to the service being offered.
HMCTS also regularly meets with a variety of probate legal professional representative bodies to consult and update on forthcoming changes whilst gathering and responding to feedback.