Yorkshire legal firm launches official complaint over “outrageous” probate delays

A leading Yorkshire legal firm has submitted an official complaint over what it describes as “outrageous” and persistent delays in the probate system despite recent government claims of major improvement.

Roche Legal, a specialist private client firm based in York, has made a complaint to HM Courts & Tribunals Service (HMCTS) after experiencing severe delays with a complex probate case involving cross-border elements.

The move follows new data obtained under the Freedom of Information Act by financial services provider Quilter, which shows that the number of probate cases taking over a year to resolve has surged by 134% in the past three years.

The Ministry of Justice recently credited ‘decisive government action’ for cutting average waiting times for digital probate applications to four weeks by the end of December 2024  which is down from 12 weeks the year prior. However, these figures apply only to straightforward online cases.

In contrast, more complex cases,  including those with foreign domicile aspects,  still require paper submission to the Probate Registry in Newcastle. It is here that Roche Legal report delays remain a serious and growing concern.

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.”

The complaint highlights one particularly concerning 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 27 February 2024 and involved additional supporting documentation owing to the foreign domicile.

Rachel Roche added: “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 Roche concluded: “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.