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The Law Society - Conveyancing

24

May

2019

Delays in Processing of Probate Court Applications

There are currently significant delays in the processing of Probate Court applications which have been acknowledged by HMCTS to the Law Society in a recent consultation on the issue.

We understand that applications for deceased estates are taking up to 30 working days to process, more than twice the standard period expected for the issue of Grants.  This appears to be partly due to a significant increase in applications pushed through in anticipation of the proposed implementation of the new probate fee structure mentioned in our earlier articles, exacerbated by technical issues relating to a new data management system and a spike in enquiries resulting from the delays.

Clients should be aware that this delay is likely to continue to affect applications until resourcing issues are resolved at the Court, and should be borne in mind where probate sales are underway.

 

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New Rules for Registration of  Relevant Trusts and Declarations of Trusts Relevant Trusts in existence at 6th October 2020 (even if subsequently closed) must be registered with the new Trusts Registration Service by 1st September 2022 to avoid penalties and charges.  This rule also applies to relevant property trusts where the legal ownership position differs from the equitable ownership position; for example where a Declaration of Trust sits behind the Title with details of equitable owners such as where parents have loaned money to purchase a property and have their interest protected by a Declaration of Trust but are not named on the Title Register. Trusts formed after this date may also be subject to complex registration requirements. Please contact us if you are concerned that the above may apply to your Trust and would like advice or assistance with the process.