Online probate forms mandatory for solicitors from next month

Solicitors will be forced to submit probate forms and applications online from next month under legislation laid in parliament today, as the government promises a ‘quicker and more reliable’ probate service.

The statutory instrument mandates that legal professionals use the online system in the majority of probate cases from 2 November. For more complex cases involving multiple claimants where the deceased has no will, paper forms will still be allowed to ensure that proper manual checks take place.

According to the Ministry of Justice, the reforms should see around three quarters of professional user applications move online. According to the latest government figures, just a third of probate applications are currently arriving in digital form.

A Ministry of Justice spokesperson said:

“Our efficient online probate services are simpler, quicker and more reliable, and reduce the stress on grieving families.”

It added that the probate reform programme is expected to generate savings of £20 million over a 10-year period.

The announcement follows a consultation that closed on 10 September. In response to the consultation, the Law Society said it agreed in principle with mandating online professional applications. However, it said the system must be fit for purpose before it is fully rolled out and should not be made compulsory until all issues have been resolved.

The Law Society said:

“Practitioners will want to have assurance that the online systems work and are fully tested before mandating their use; the service levels will not decline; and that these changes won’t lead to excessive changes to fees.”

Kindly shared by The Law Society Gazette

Main article photo courtesy of Pixabay