Operational service levels
HMCTS again reported improvements in service levels through to January 2025. Current performance data shows:
- From October to December 2024, there were 70,359 applications, with 73,941 grants issued in the same period.
- In January 2025, HMCTS issued over 28,000 grants, exceeding the number of applications received for the 18th consecutive month.
- Average call response times were 15 minutes and 59 seconds, slightly above target.
Grants therefore continue to outpace applications as HMCTS focuses on reducing the backlog. To improve call response times, HMCTS has been testing a two-tier approach to call handling and offering targeted surgery appointments where escalation is needed. They also offered more local practitioner user group meetings.
Average application to grant waiting times are:
- 4 weeks for both paper and digital applications.
- 2.5 weeks for digital applications alone
- 13.7 weeks for paper applications.
The gap in waiting times between paper and digital applications has reduced because of an increased focus on processing paper applications.
You may also have seen improvements highlighted in a recent government press release in February. This noted that caseloads are now at their lowest level since early 2023.
Stopped applications
HMCTS acknowledged that stopped applications (cases paused for additional information) still take too long at around 21 weeks. These cases are often complex, requiring firms to gather further documentation. However, they highlighted that wait times have improved by six weeks compared to the previous year.
Approximately 15,000 cases were stopped last year due to missing or incorrect executor information, such as failing to provide evidence that an executor is deceased or has renounced their role. HMCTS has now enhanced the application questions to ensure this information is provided correctly in advance.
To address delays, HMCTS contacted 3,000 applicants with inactive cases of eight weeks or longer and offered surgery appointments to progress them. In some instances, this resulted in withdrawn applications rather than grants.
Surgeries for older cases
If you are still waiting for a grant on an application older than 12 weeks you can email HMCTS to ask for a virtual surgery appointment at NSFAMILYBMT@justice.gov.uk. Your request will be reviewed by a senior member of the team to resolve outstanding issues.
Focus areas for improving stopped cases
Building on last year’s work to streamline IHT-related stops, HMCTS will now focus on expediting applications stopped due to foreign domicile and lost will issues. They also plan to improve notifications about registrar referrals and other case handoffs to ensure users have clearer expectations about anticipated timeframes.
Intestacy applications
HMCTS are progressing further with their plans to expand digital applications for intestacy. Currently, only surviving spouses or children can apply online. The new process will include a broader range of family members, including multiple children, grandparents, grandchildren, parents, siblings, and adopted children. They anticipate these changes should be implemented in autumn 2025.
The role of the registrar
Online probate applications now require a 'digital statement of truth', rather than formally swearing in person at a solicitor's office or probate registry. However, a member of the user group noted that a recent HMCTS webinar talked about sending documents to the Registrar for settlement which raised queries from firms.
HMCTS said that it still offers settlement, for example, where you want an affidavit to be settled in a lost will application. The Registrar will also help with a pre-lodgement enquiry for applicants seeking advice before submitting such a case.
Registrars are always keen to offer guidance, hints and tips in lunch and learn webinars and in local user group meetings. If you have any technical probate queries that you think would be suitable for a training session, contact ICAEW and we will pass your ideas on to HMCTS.
Providing feedback to ICAEW
We encourage you to share feedback on HMCTS changes and operational issues with us so we can raise this with HMCTS on your behalf.
For example, a member of our legal reference group recently reported difficulties adding paper applications to the digital dashboard. HMCTS suggested this might be due to bulk scanning errors, typically caused by missing pages. If you are experiencing similar issues, contact: MyHMCTSsupport@justice.gov.uk
Legal reference group
If you would like to discuss issues on probate services and HMCTS as well as provide feedback that will shape ICAEW regulatory policies, join our legal services reference group. Further information can be found here or to register your interest, please complete this form: Join the online ICAEW Legal Services Reference Group
About Probate Professional User Group meetings with HMCTS
This update is a summary of the information discussed at the most recent Probate Professional User Group meeting attended by Rachel Clements, Regulatory Policy Manager, ICAEW. Other attendees to these meetings include representatives from STEP (The Society of Trust and Estate Practitioners), The Law Society, The Institute of Legacy Management, The Association of Lifetime Lawyers, and several charities.
