Avoiding common delays in obtaining probate

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Avoiding common delays in obtaining probate

The latest timescale published by the Government is advising that it can take up to 16 weeks for a Grant of Probate to be issued by the Probate Registry once an application has been made on-line and up to 21 weeks if the application is paper based.

‘Liaising with financial institutions, beneficiaries, and other parties takes time,’ says Ruth Bailey, a Solicitor in the wills and probate team at Dexter Montague LLP in Reading.  ‘The speed at which others respond is out of an executor’s control, but some common causes of delay can be anticipated and planned for in advance especially when obtaining the Grant.’

Some of most common causes of delay are:

• will’s physical condition
• executor not being accounted for
• content of the will, for example if it’s not been signed.

It may be that you are certain the person left a will, but you are unable to find it. Or perhaps you have only found a copy of the will or an unsigned draft. With the help of a solicitor a Grant of Probate can be obtained with only a copy of the original will.

Some wills, particularly homemade wills, can be legally unclear. Interpreting the terms of an unclear will to the agreement of everyone concerned can lead to delays that could be avoided with professional advice.

Similarly, if the person simply did not make a will, intestacy rules must instead be followed, and it will naturally take longer to establish these than it does to merely adhere to the terms of a will.

How can we help?

While some delays cannot be avoided, seeking legal advice early in the process can at least prepare you in advance so that you, and the beneficiaries, are able to anticipate the likely timescales and plan accordingly.

Solicitors are well versed in the procedure to obtain the Grant of Probate. Obtaining legal advice at the outset will ensure that you are on the best path to dealing with the entire process as smoothly and swiftly as possible.

For further information, please contact Ruth Bailey in the wills and probate team on 01189 39 3999 or email Ruth.Bailey@dextermontague.co.uk