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Legal, pensions and money

Probate application taking for ever

(33 Posts)
Ramblingrose22 Fri 14-Jul-23 14:41:31

I hope this is the correct form for my post.

Is anyone on here involved with probate?

DH and I are joint executors of MIL's will. She died in September 2021 and DH was her only executor. He was too grief stricken to think about probate immediately so we applied for probate in Spring of last year. A few months ago I discovered by chance that HMRC had failed to issue the inheritance tax (IHT) forms we had sent to them to HM Courts Service (HMCTS) despite writing to us to say that they had done so. The HMRC role is to see the forms first and confirm in this case that no IHT was due.

Apparently probate can never be granted without this step of the process having been completed as any IHT due must be paid first but HMCTS never noticed the omission - or never chased the HMRC if they did - despite having received another form we completed called the PA1P where you also pay a fee.

We have sent back all the bits of extra information HMCTS have asked for about the will and about the witnesses and one of our witnesses has sent back a completed questionnaire. We are wondering what new obstacle HMCTS will put in our way next.

I can't track the progress (or otherwise) of the application online because we have applied for probate without using a solicitor or probate practitioner and our application was made by post. But someone who was able to track progress online has told me that it's useless because HMCTS staff don't keep the progress checking system up to date often enough.

I applied for a new passport recently and got an email each time a step of the process was completed describing the step reached. The technology is out there but HMCTS seem to be living in their own Dickensian bubble.

I have made a detailed formal complaint to HMCTS about the poor service and unreasonable delays but am thinking that involving our MP might get things moving more quickly.

Has anyone else been through this absurd process and had to suffer a delay of nearly 18 months since applying? If so, did you go to your MP and ask them to get the delay investigated? And did that help speed things up?

If anyone knows if there is anything we can do to get our case dealt with in a timely manner please let me know.

Primrose53 Thu 20-Jul-23 12:40:43

Opal

Primrose53

biglouis

Anyone can put a caveat on a Probate application and they do not even have to say WHY they are doing it. They can renew it every 6 months and it costs them just £3 a time!! You can apply to get it removed but if the caveator is determined to be awkward then it can be prolonged and very costly

An interesting way to get revenge against someone you hate,

Absolutely and some evil people are doing just that. The law needs changing.

Mind you, Probate was finally granted after they realised what was being said was a load of rubbish. I then drew up the accounts and deducted all legal fees from his share so he lost out in the end. An absolutely pointless exercise on his behalf.

What about situations where what is said is NOT a load of rubbish. We are likely to be in this situation in the future. Our relative has been "persuaded" to amend his will in favour of others. We fully intend to put a caveat on Probate. We are not evil!

fair enough but I know of hundreds of people who have had caveats placed on their applications purely out of spite.

In this day and age it definitely should cost more than £3 to put a caveat on …. That is just a ridiculous amount.

Don’t you think it’s only fair to say WHY you are putting a caveat on. It should be the law.

The caveator in our case was so pig ignorant that he would not reply to letters from us or the solicitor asking for reasons. Then he started requesting things that he had already been provided with just to delay the process.

You do realise this could cost you a lot of money don’t you?

Opal Thu 20-Jul-23 16:03:41

I can only speak for myself - I would be willing to pay more to put a caveat on and to say why. In our case, unscrupulous relatives have "persuaded" an elderly vulnerable person to change his will, without informing other members of the family. They have been deceitful, and have constantly lied to us.

Yes, I am well aware of the costs - another reason why we are disgusted with the family members concerned. However, we are prepared to pay to take them to court so that the truth can come out.

I just wanted to point out that just because someone applies to put a caveat on a Will, it does not make them evil. Sometimes the "evil" is found in those who seek to cheat others out of their rightful and just inheritance.

Germanshepherdsmum Thu 20-Jul-23 16:10:08

Do you have any idea of the costs of contesting a will in court?

Opal Thu 20-Jul-23 18:22:15

Yes, we're aware, we've taken legal advice.

Germanshepherdsmum Thu 20-Jul-23 20:07:44

I’m amazed. And if you fail you will be paying the other side’s costs. Revenge can be far from sweet.

Opal Thu 20-Jul-23 21:09:17

If you're dealing with deceitful liars, what other option do you have?

Primrose53 Thu 20-Jul-23 22:35:22

Opal

If you're dealing with deceitful liars, what other option do you have?

It is a horrible, horrible time isn’t it and it cost me two years of my life in stress, sleepless nights and being unable to grieve with all this going on BUT I am on the different side to you.

I knew 100% that I did nothing wrong and however hard the troublemaker tried there was never any evidence of wrongdoing. I should add that prior to the caveat he tried it on with The Office of the Public Guardian, Social Services, a care home and care home directors and there was never even a sniff of anything untoward.

As gsm says you may well end up paying the other sides costs so go carefully because fees soon mount up. Like I said, in my case I made him pay all the legal fees incurred.