HMCTS Probate Update

Matthew Lagden, ILM CEO and James Stebbings, ILM Chair, recently attended the quarterly HMCTS probate user group meeting with the Law Society, STEP, CILEX and other bodies. Matthew shares what they learnt.

HMCTS were, as usual, open and transparent about their current workload and focus. They acknowledged that they have seen an increase in the number of applications awaiting processing in recent months. This is partly due to high numbers of applications in the first part of the year, but they also recognise that it has grown more than they would like and they are taking steps to ensure that it doesn’t increase further.  

ILM numbers suggest that the backlog has probably grown by around 3,500 cases this year.  That is around 1% of annual output so not much more than a few days of applications. Our view is that this not hugely significant and it is a credit to HMCTS that they are putting efforts in to stop a further increase.

They also highlighted some positive progress with complex applications. They have four teams working on these. A significant portion of the issues are with non-domiciles and multi-jurisdiction applications, and they have managed to reduce the number awaiting a grant by 22% this year. They are continuing to work on these and hope to see more progress in the coming months.

We are conscious that we are more positive about their performance than many commentators.  We do not think there is value in overstating the issue of HMCTS performance. It has been a big factor in recent years, but we do not see that it is a huge factor in current performance. We are happy that they are aware of the importance of their work and putting best efforts into ensuring applications for grants are as quick as they can manage.  That is not to say that they can’t improve or that we should have high expectations. We will continue to represent you in emphasising the impact of our work on charities