The MOJ has released statistics which suggest that the number of probate applications being submitted to the probate registry without professional representation is increasing since the introduction of the digital system which enables certain applications to be submitted through the online portal.
The digital service was initially rolled out for lay applicants in July 2018 and extended to legal professionals in October 2019. It allows both lay and professional applicants to complete, submit and view the progress of their application online.
It is understood that the increase is largely in cases where the deceased’s person’s estate is worth less than £10,000. Applications from lay persons in all estates increased from 39 per cent in Q3 2019 to 44 per cent of applications in Q2 2025. For cases where the net value of an estate is above £500,000, the level of representation has remained stable.
The statistics provide a positive outlook on what has in the recent years seemed to be a difficult process. The COVID-19 Pandemic and the associated lockdowns, including the move of the probate registries to Birmingham in March 2019, caused significant delays in applications being processed and Grants being issued.
Whilst the statistics may suggest that the application process is much simpler and easier and alludes to the idea that the use of professionals in probate applications is no longer necessary, it is worth noting that the submission of the application on the online portal is a very small part of the application process. Knowing what is required prior to the submission of the application on the online portal is extremely important, which is why it is beneficial to instruct a professional to advise and or assist with the application process.
Incorrect reporting of an estate for probate can have serious consequences. If the estate is undervalued, this can lead to underpayment of inheritance tax and HM Revenue & Customs may impose financial penalties. Additionally, those appointed as Executors or those taking on the responsibility of Personal Representative to administer the estate, are responsible for providing accurate information about an estate and are required to sign a Statement of Truth at the stage of submitting the application on the online portal.
If false or misleading information is provided, they could face legal action, including prosecution for fraud in severe cases. Also, if an Executor or Administrator does not have the experience of applying for the Grant, this could cause delays in probate proceedings which as a result, can cause unnecessary distress and inconvenience for beneficiaries, particularly during a difficult time following the loss of a loved one. It is therefore essential to ensure that all details provided are accurate and complete and this is why it is beneficial to seek advice or assistance from a Private Client solicitor.
Private Client solicitors are experienced in estate administration, and their experience and expertise can ensure that the estate is reported accurately and in accordance with the law and HMRC requirements. We have the expertise to navigate complex legal requirements, identify all assets and liabilities, and complete the necessary paperwork correctly. Our involvement helps prevent costly mistakes and mitigate risks of legal action against the appointed Executors and Administrators.
We can also provide peace of mind to both the Executors, Administrators and also the beneficiaries, that the process is handled professionally. Ultimately, engaging a Private Client solicitor can go a long way in protecting both the estate and those entitled to benefit from it, making the probate process smoother and more secure.
Our expert Private Client team are here to help if you require assistance with the probate process. If you would like to discuss, please contact Lucy Elianu or another member of our Private Client team.
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