2 weeks Ago
A YORK solicitor submitted an official complaint to the Government over what they describe as 'outrageous and persistent' delays in the probate system. Roche Legal, a specialist private client firm based in Millfield Lane in Poppleton, say they have made a complaint to HM Courts and Tribunals Service (HMCTS) after experiencing severe delays with a complex probate case involving cross-border elements. The Ministry of Justice said they are working to reduce waiting times and most are granted within two months as things currently stand.
Rachel Roche, founder of Roche Legal, said: “We have probate matters that have been with the courts for over 12 months, and that is simply outrageous. “Despite government reassurances, the picture on the ground is far less positive than the official statistics suggest. While some applications are processed quickly, others are inexplicably delayed, and the reasons appear entirely arbitrary.
“This is not just red tape. It is deeply distressing for families and creates significant disruption when estates are left unresolved for months, or even years.” She said the complaint highlights one case involving a French national who held an English bank account.
Due to the value of the assets, probate was required to access the funds. The application was submitted on February 27 last year and involved additional supporting documentation owing to the foreign domicile. Rachel said: “In May, we were told the matter had been referred to a probate examiner due to its complexity.
Since then, we’ve been informed that only a small number of specialists are qualified to assess this type of case. “Although we provided all requested information, including certified translations and notarial documents, we have not received any meaningful update since October 2024 despite repeated follow-ups and assurances that the case has been expedited. “What makes this even more frustrating is that we had another case, also involving a foreign domicile, that was processed and approved in just over two months.
The inconsistency is staggering.” Probate is the legal process of dealing with a person’s estate after they die. Without a grant of probate, executors and beneficiaries may be unable to sell property, access bank accounts, or make financial decisions.
Rachel said: “Families are often navigating grief and emotional distress. "They deserve a system that is timely, transparent and fit for purpose, not one where they are left in the dark for months on end." A Ministry of Justice spokesperson said: “We were not provided with sufficient detail to look into this case, however foreign domicile probate cases are among the most complex and often require additional information from the applicant.
“Most probate applications are granted within eight weeks and we are working to reduce waiting times for applicants, including through staff training which has resulted in record numbers of grants being issued in recent months.”.
