Performance update
ICAEW has previously raised concerns with HMCTS about waiting times and we were pleased to hear that processing times for grants have decreased again. HMCTS highlighted that 32,002 grants had been issued in July.
The recent reduction to the probate enquiry line operating hours does not appear to be having an impact on service levels. HMCTS reports that overall call answering times remain under 12 minutes. HMCTS will continue to keep these changes under review, as it works to reduce call times. You can also continue to contact HMCTS using their webchat facility from 9am to 5pm on Monday to Friday.
Paper applications, which are usually more complex than digital applications, are still taking 20 weeks on average to progress, however some improvement is indicated by July’s figures. Digital cases continue to progress more quickly. By end of July, HMCTS recorded 12 consecutive months of disposals outstripping receipts, with an outstanding caseload of 49.5k, the lowest since May 2020.
For further details on operational performance, HMCTS has published its latest data up to July 2024 on its website.
General updates for practitioners
- HMCTS user group for practitioners
User group engagement sessions were held this year in areas where local Registries are based, in Newcastle, Birmingham, and Liverpool. However, HMCTS are keen to extend this to a range of areas for local practitioners and plan to establish more sessions over the year. Further updates on user group sessions to come. - Justice Select Committee inquiry
Following the call for an election and the dissolution of parliament on 30 May 2024, the House of Commons Justice Select Committee Inquiry into probate was disbanded. Committee chair Sir Robert Neill KC MP wrote to Parliamentary Under Secretary of State, Ministry of Justice, Mike Freer MP, to highlight its findings. You can read the correspondence here - One of the key recommendations for reform was that HMCTS should publish more statistical information on caseloads and processing times for practitioners. HMCTS confirmed during the user group meeting that they are planning to launch this data in September. This promises to be more reactive information on performance and HMCTS welcomes views from the group on how useful this is for practitioners.
- Improvements to MyHMCTS
HMCTS continues to build dashboard capability on its digital portal and digitise more paper applications to improve their visibility. This includes new functionality to import paper cases on the dashboard. This means that paper cases can be tracked in the same way as digital applications. Updated guidance was published by HMCTS in September to help you do this. - Stops
HMCTS reported a significant reduction in stopped applications and phone calls about Inheritance Tax (IHT) this quarter. This year 218 IHT400 forms were stopped this quarter, in comparison to 6,564 applications last year. Nevertheless, HMCTS acknowledged that a small proportion were stopped unnecessarily and are trying to rectify this. - New process for HMRC codes
Following concerns raised by practitioners about the length of time it takes to wait for a for a code under the new process, HMRC will now email the required codes to reduce administration time for probate applications. You will need to confirm your email address and sign a disclaimer on the IHT400 form.
Detailed guidance on the inheritance tax information needed for probate applications is available on the GOV.UK website - Changes to Probate Grant Certificates
HMCTS has introduced a new design for grants this September. This includes a new hologram feature. All previously issued grants remain valid. - Probate surgeries for cases over 20 weeks old
HMCTS is currently reviewing their offering on probate surgeries to focus on its oldest cases. If your firm has outstanding applications which are over 20 weeks old, you can email NSfamilybmt@justice.gov.uk to arrange a surgery appointment. Please note, however, that this email address cannot be used for complex applications.
HMCTS will also publish a newsletter soon for further updates. In the meantime, stay informed by continuing to check HMCTS and GOV.UK websites.
Sending feedback to ICAEW
Please let me know what you think about any recent changes introduced by HMCTS, so that we can pass on your feedback. You can also email me if you experience any significant challenges, so that we can address them with HMCTS as soon as possible. Earlier in September, a firm contacted us because an application had been stopped by HMCTS to verify their accreditation details. HMCTS staff has access to our register, and this should not have happened. In this case it appeared to have been a staff error, which we were able to promptly address with HMCTS and the stop was removed.
Online reference group
You are invited to join our new online Legal Services Reference Group. The group will be asked to provide input into our regulatory updates and information to help shape ICAEW regulatory policies and regulatory support for legal services. You will also have an opportunity to discuss issues on probate services and HMCTS. To register your interest, please complete our form.
Background on the Probate Service User Group
The Probate Service User Group is made up of ICAEW, STEP (The Society of Trust and Estate Practitioners), The Law Society, The Association of Lifetime Lawyers, Remember A Charity and the Institute of Legacy Management. The group meets with HMCTS on a quarterly basis to hear performance updates directly from HMCTS.
HMCTS operates across England, Wales, Scotland and Northern Ireland, to support access to justice through courts and tribunals. The Probate Service User Group was convened to provide feedback and improve engagement with stakeholders and users of the service.
