Probate delays causing heartache

• Probate delays cause heartache for bereaved families
• Planning in later life can help at an emotional and stressful time

Ministry of Justice figures obtained in a Freedom of Information request by law firm Nockolds show a dramatic reduction in the number of people working at the Probate Service, resulting in delays to probate being granted. 

Shelley Read, senior technical manager at Royal London, commented:

"Any delays when families are dealing with the estate of a loved one are difficult. But that can be made even worse if the family have financial worries too.

“Probate confirms who can deal with the estate of a person who has died before the assets can be distributed in accordance with their will. If someone dies without leaving a will, this process can take even longer. And during that time access to finances may be limited.

"There are some steps which can be taken to avoid this. Often people have life insurance policies where the aim is normally to repay a mortgage and look after the family. However, if it isn’t set up under trust then it counts as part of the estate and can be held up by the probate process. Setting up a policy under trust means it isn’t considered part of the estate. This means the time it takes to pay beneficiaries is much shorter and gives the peace of mind that any bills can be dealt with in the meantime. Some companies also offer something called beneficiary nomination which is a simple way that policy holders can nominate who they want policy proceeds to be paid to in the event of a claim.

"Having joint accounts also means that there can still be access to funds as all the money will go to the surviving partner without the need for probate.

"Although pensions are not normally part of the estate, it's worth checking that expression of wish forms have been filled in so no delays are encountered and pension savings go to those you want them to go to."