Covid-related probate service delays are unfortunately very common at the moment, with many bereaved families and executors facing delays of 12 weeks or more as a result of the global health pandemic.
This is likely to be a stressful experience for all families, but some relatives may be able to weather the experience of delays more securely than others. In fact, for some families delays to the grant of probate can be catastrophic, particularly if the estate is also accruing interest on outstanding debts and those affected find themselves grappling with questions of liability for this interest.
For those in this situation, there may be a feeling of powerlessness as in reality there is nothing they can do to speed up the level of communication between HM Revenue & Customs and District Probate Registries, as well as the manifold institutions further involved in the settling of the deceased party’s estate – for example, banks, mortgage lenders, building societies, credit card companies, and estate agents.
In many cases, the level of remote working currently taking place in lieu of face-to-face meetings may be working fine and for certain situations, it may actually be more convenient, but for those facing delays in getting assets released and debts paid, or in obtaining remote verification of IDs and other documentation, this is scant consolation.
Is there anything families and probate solicitors can do?
Although applying for probate at the moment can be a frustrating and time-consuming process, there are some things that affected families can do. For example, wherever possible, assets should be formally valued at the earliest opportunity and documents pertaining to the deceased and their estate – for example, death and marriage certificates, national insurance numbers, title deeds and records of lifetime gifts – should be found and organised as early as practicably possible.
Doing so can help ensure that online applications are lodged accurately at the first attempt and, hopefully, probate will be settled sooner rather than later. The new online probate service has been fast-tracked precisely with a view to overcoming the delays caused by Covid-19.
Release of funds and reasonable delay
Higher value estates can be liable for a range of inheritance tax, associated liabilities and administration costs. With this in mind, any delays to the probate process can be distressing to those concerned, particularly if executors find themselves in a position where they are told they are personally liable.
However, as long as an executor can show that there has been reasonable cause for any delays they should not be held personally liable until they are in the position to distribute the estate in accordance with the terms of the will. Furthermore, banks should provide funds to pay inheritance tax and funeral expenses. Once probate has been granted, it will be possible to pay off creditors.
In short, if an executor makes reasonable efforts to settle the estate, they should never be held personally liable for any bills or interests associated with the estate.
