The recent improvements in probate processing times are welcome news.
With Government action reducing backlogs and digital applications accelerating the process, it might seem as though handling probate is now more straightforward than ever.
However, while probate may be processed more quickly, it has not become less complicated, particularly for estates involving multiple properties, business interests, international assets, or trusts.
Ensuring that wealth is transferred efficiently, minimising tax liabilities, and preventing disputes still requires careful legal guidance.
The probate process has become quicker – but not simpler
At the end of 2023, the average wait time for probate was 12 weeks.
By December 2024, it had fallen to just over four weeks – an impressive improvement. However, this is only for the simpler cases. The more complicated cases still take much longer to process.
Additionally, probate involves major legal, tax, and financial considerations that remain as complex as ever.
Some of the key challenges include:
- Inheritance Tax (IHT) planning – Ensuring full use of reliefs and exemptions to avoid unnecessary tax liabilities.
- Trust and estate structures – Managing trusts, business succession, or family wealth transfer strategies in line with legal obligations.
- International assets – Handling cross-border legal and tax issues to avoid delays in asset distribution.
- Minimising family disputes – Wealth often comes with complex family dynamics. We can help manage conflicts over inheritance.
- Ensuring the probate application is accurate – Many delays are caused by the ‘paperwork’ being inaccurate. As a result, the probate registry forces queries and this delays the process by several weeks, if not months. We aim to ensure applications are accurate and avoid further queries.
Using our team of solicitors in the probate process ensures compliance, efficiency, and wealth protection.
Even if probate is granted more quickly, the real challenge lies in ensuring that all aspects of estate administration are carried out correctly. We can:
- Protect executors from liability – Errors in asset valuation, tax calculations, or debt settlements can lead to costly penalties or legal claims.
- Handle sophisticated wealth structures – Estates with significant investments, business holdings, or trusts require expert handling to ensure compliance with tax and inheritance laws.
- Enable a smooth transfer of wealth – Professional guidance can prevent unnecessary delays, disputes, and financial losses.
The right legal support ensures that an estate is structured to minimise tax burdens, avoid unnecessary legal disputes, and provide financial security for beneficiaries.
If you want to ensure your estate is handled efficiently, professionally, and in a way that preserves your legacy, our team is here to help.
For further advice on such matters, please contact Jeffrey Cohen, Senior Associate, Head of Wealth & Succession Planning Team at jeffrey.cohen@mackrell.com or on 0207 240 0521.
Jeffrey Cohen