Wills & Probate advice in Preston

New data reveals problem Wills and DIY probates

May 2012

Over 15,500* wills failed to appoint an executor or the executor was unable or unwilling to administer the estate, according to the latest 2011 data from the Probate Service. This is a 5% increase on 2010.

Kevin Cole, Head of Research at Title Research said: "These figures highlight the need for regulation of will-writing. Thousands of people every year end up with poorly drafted wills which do not even name an executor or do not make sufficient provision in their will for a substitute executor if their executor dies or is unwilling to act. It is vitally important for the public to seek professional advice from a reputable well trained practitioner in will writing to avoid these problems arising."

The Legal Services Board announced plans on 23rd April to press ahead with regulation of will writing and estate administration.

DIY Probate

The 2011 grant of probate statistics also reveal 86,470 grants were issued to private individuals.

Mr Cole said: "The LSB's plans to regulate estate administration will not affect the thousands of people who don't use a probate service provider to administer an estate. The risks of mistakes will remain with complex DIY probate such as undervaluing the estate, under paying tax or missing out entitled heirs."

Some of the grants issued to private individuals may involve solicitor advice on the probate process at a later stage.

Grants issued to solicitors had dropped significantly by 30% between 2006 and 2010. The latest 2011 figures show that decline has slowed with 148 more solicitor applications in 2011 compared to 2010. Over the same period (2006-2011) grants issued to private individuals remained at the same level. The reduction in solicitor grants in recent years may correlate with the start of the credit crunch and falling property prices resulting in fewer estates valued above the threshold requiring a Grant.

"Lawyers have so far succeeded in halting the decline in probates handled by them. The opportunity for lawyers now lies with making inroads into DIY probates" said Mr Cole.

Grants by region 2010/11 comparison - view graph

Problems with London Probate Registry

Significant regional variations remain between certain regional probate registries in terms of the number of grants issued. Solicitors can apply for a grant from any district probate registry. Solicitors continue to avoid the London registry, preferring instead to lodge most of their applications with the Winchester registry, which has long been considered to be the most efficient registry for solicitors. Only 2% of all solicitor applications were dealt with by London in 2011 compared to 19% in Winchester. Gill Steel, Principal of the private client consultancy and training provider, Lawskills, says: "This, in part, has been due to Winchester's expertise in non-domiciled estates, but is also a testament to its pragmatic approach to applications and the speed and accuracy of its administration".

The Probate Registry announced at the end of last year that it was no-longer accepting solicitor applications in London whilst it undertook a review to ensure consistency of service across all registries.

"We have learnt that the London Probate Registry are currently referring solicitor applications to the Newcastle Probate Registry." said Mr Cole.

A spokesperson for Her Majesty's Courts and Tribunals Service (HTMCS) says: "With a view to improving performance the Probate Service is temporarily diverting solicitor's applications for probate from the London Probate Registry to other Registries where there is more capacity to deal with them. The Registry in London is continuing to process personal applications. HMCTS will keep stakeholders including the Law Society and the Society of Trust & Estate Practitioners informed of any changes to procedures."

Deaths without a will
The 2011 Probate Service figures also reveal 19% of probates dealt with by the Probate Service involved estates where the deceased did not leave a will. This is a 4% decrease in intestacies recorded by the Probate Registry compared to 2010.

Ellen Court Partnership

Preston Wills & Probate Solicitors