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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU that the huge delays in probate being granted are unnecessary and causing additional distress?

26 replies

MelindaGordon · 16/10/2020 08:37

A close relative died a fairly awful death around Easter (cancer). Due to Covid, his partner was unable to have the funeral he wanted. Partner been left fairly isolated since then however was keeping busy they said by winding up the estate and ensuring relative’s wishes re will were carried out. Probate applied for in June and she received acknowledgment but nothing since. Two of the beneficiaries have lost jobs due to COVID and really need the financial gift they’ve been left in the will (cash no house to sell). However the phone calls to follow up ring off after 45 mins on hold, emails go unanswered and in the four months that has passed since paperwork was submitted, relative’s partner has suffered two further bereavements and Covid constrained burials. The unresolved issue over probate is causing her so much distress as she feels unable to deliver on intentions of will. AIBU that even if staff in district probate office are working remotely, and some delay is unavoidable, communication could at least be better supported? If there was any time that these issues need resolved, arguably it’s now? I’m not a beneficiary btw!

OP posts:
lawandgin · 16/10/2020 08:55

I applied for probate around the same time. It was granted pretty quickly. Are you sure the paperwork has been submitted correctly?

greenqueensinfmom · 16/10/2020 08:59

This is always by bug bare, I think good communication solves a number of problems.
I think at the moment everything is difficult, everything is taking longer and it can be hard to explain why to people on the outside ( whether this is outside the business or family etc)
This sounds like a really difficult situation. Hope you get it resolved.

CMOTDibbler · 16/10/2020 09:03

I've had to submit for two lots of probate this year, in May and June and the first came back in 8 weeks and the second in 2 weeks. All very straightforward, I submitted online, got acknowledgements, and clear guidance of what to expect, so its certainly not my experience

LakieLady · 16/10/2020 09:04

That is pretty appalling.

Overall, I've been quite impressed by the way government are operating atm. The DWP is certainly no worse than usual, and better in some respects. Clients have been getting adjustments done to Universal Credit very promptly, PIP assessments are done by phone and decisions seem to come through more quickly and the decisions seem to be better (we're not starting anything like as many appeals as we were).

The courts and tribunals service is holding social security hearings by conference call and the wait for hearings seems to have shortened in some areas, and HMRC's tax credits and PAYE services seem to be being quicker than normal.

But not being able to get hold of the probate office on the phone is dreadful imo. Get your MP on the case, that usually gives them a bit of a wake-up call!

Fizbosshoes · 16/10/2020 09:04

My Ddad died last year, well before covid and we havent had anything from his estate yet....

Ariela · 16/10/2020 09:08

My friend has sadly submitted 2, one in June one in July, the June one was the more complicated of the two and had a query they got back to her within a week or so, quickly resolved, and granted within a month, the July one was 2 weeks max, probably nearer 10 days I remember her being very impressed but I guess by then the death rate had dropped considerably. They were submitted online.

Crampscramps · 16/10/2020 09:10

Something has gone wrong there. I would guess they’ve filled in the paper work wrong or some other error. Keep chasing as 4-8 weeks is the norm

MelindaGordon · 16/10/2020 09:35

Thanks for the responses. It’s really difficult. But I should say, there is nothing complicated in that there was a Will, estate is below threshold for IHT and the paperwork was checked by two other people before submission.
I did wonder about them contacting local MP but thought it might be overdoing it though thanks to previous suggestions, might be the only way forward.

OP posts:
pudcat · 16/10/2020 10:01

My sister has been waiting for probate for her husband's will since June. Her solicitor keeps saying it keeps being transferred from one area to another.

Gemma2019 · 16/10/2020 10:06

If it was a straightforward probate under the threshold maybe it wasn't submitted properly as it shouldn't take that long. I've submitted several since Covid and the last one, in July, came back in 6 days.

Notverygrownup · 16/10/2020 10:07

I submitted in May, and had not heard back in September, and thought that the delays were due to covid so was reluctant to chase.

I then found that a friend who had submitted after me had hers through so got through on the phone - choose your time of day to try to find a slot. Found that there was a querie on the paperwork - I had missed something off, and the hold up was at that point. Not sure how long they were going to take to contact me, but by getting through on the phone, things have started moving again.

Hope that helps.

NoIDontWatchLoveIsland · 16/10/2020 10:10

You need to contact them. Theres likely to be some minor issue or missing detail in the paperwork but it will take them a while to get in touch, better to contact them and ask the hold up.

IamMaz · 16/10/2020 10:24

My MIL died on 29th May and we are still waiting for Probate...

FinallyHere · 16/10/2020 11:09

@IamMaz

I'm sorry for your loss.

Are you the executor?

Has any IHT been paid and probate applied for? It took just short of six months to gather the information required on my late DM's estate to apply for probate.

Once we applied, probate came through in around three months. Hope it works well for you.

FinallyHere · 16/10/2020 11:13

By contrast, for DF's estate, I waited about a fortnight for an appointment, during which probate was granted on the spot.

IamMaz · 16/10/2020 11:21

BIL is executor and took great delight in sorting EVERYTHING for the funeral in June - 300+ miles from us but we were allowed to travel there then. He didn't even let DH choose a single photo [from the 4 that were used] in the Order of Service. He also chose all the readings, hymns etc etc [It was a graveside service].

He told my DH he couldn't have a copy of the Will until after probate - which we knew was ridiculous and it was only DH and BIL as beneficiaries. DH asked the solicitor for one - LOL.

There is no IHT to be paid. Probate has been applied for. BIL had been blaming delay on HMRC and everything he could think of... But again DH contacted solicitor and apparently the delay was originally due to BIL not having provided all the documents that were requested.

Families, eh?

Glitterb · 16/10/2020 11:41

Ours was a fairly straight forward probate (no will, Mum died suddenly) and it took 8 weeks! We went through a solicitor though as we had no idea what we were doing. We are still trying to sort the estate now, it is emotionally draining so completely understand!

FinallyHere · 16/10/2020 12:25

@IamMaz Families indeed.

Fifthtimelucky · 16/10/2020 23:42

Probate was granted within two weeks when my mother in law died earlier this year. Lockdown didn't seem to have much effect.

Beldon · 18/10/2020 00:18

We have been waiting 8 months so far. Straight forward will with only one recipient. After 6 months of continually telling executor it was being processed and they couldn’t give any more details, they then said they were waiting for a document, which had been emailed in March and they ‘found’ on their system later that day. A supervisor then phoned and apologised and said she would be taking over the case personally - 2 months later we are still waiting Confused. We have got our MP involved hoping he might be able to hurry it along. Friend had similar experience, she was only recipient, nothing complicated with will but she waited for just short of 10 mths for probate to be granted.

Dramalady52 · 03/12/2020 20:32

A relative of mine died three years ago. Due to arguments in the family, it took until July this year to sort probate. Still waiting for the inheritance to come through 6 months later!

Didiplanthis · 03/12/2020 22:07

Just got probate granted after 10 months... it wasnt an entirely straightforward estate but not massively complicated.

echt · 03/12/2020 22:21

As sole executor I applied for probate in the UK from Australia. Lots of paperwork but each bit is clear, kept photocopies of everything and did the lot myself. It was settled in a couple of months., but to be fair I was the sole beneficiary of the Will so this made it simple.

I didn't involve solicitors at all.

Osirus · 03/12/2020 23:20

@Crampscramps

Something has gone wrong there. I would guess they’ve filled in the paper work wrong or some other error. Keep chasing as 4-8 weeks is the norm
No, it’s currently around 8 - 12 weeks (I work in probate).
Osirus · 03/12/2020 23:21

@Didiplanthis

Just got probate granted after 10 months... it wasnt an entirely straightforward estate but not massively complicated.
That’s normal. Most people don’t realise just how long it can take. It can be much faster, but it depends on so many factors.