Operational service levels

HMCTS reported modest but steady improvements in service levels between September and November last year. This included further improvements in clearing older cases following an increased focus on this area, as well as building capability by upskilling staff.

Current performance data shows that:

• HMCTS received a slight increase in applications at an average of 26k applications per month compared to 25k in the same period last year.
• September’s published data shows that timescales from application received to a grant being issued was on average 13 weeks.
• The average age of overall caseloads is nine weeks and average caseload volumes have reduced by 13k.
• Grant output has increased, with October seeing the services’ highest ever monthly output. 

Therefore, HMCTS said that while delays persist, overall productivity is improving. HMCTS also pointed out that the latest data shows that quality levels have not been negatively affected, as reissues have reduced to 2%. HMCTS anticipate that going forward, timeliness figures will plateau as they focus on reducing older cases further.

IHT Forms

HMCTS and HMRC are making progress with their new administrative process to prevent IHT forms being submitted prematurely. The new process will mean that rather than practitioners returning the IHT421 form to HMCTS, HMRC will send a letter with a code directly to probate practitioners to confirm that the IHT form has been received and processed. HMRC will also provide the IHT400 gross figure and net figure to use in probate applications.

This is intended to address concerns that around 9,000 stops in 2022 were due to IHT400 forms being submitted incorrectly. HMCTS is working towards a release date of early this year. From that date, you will not be able to apply online without the code from HMRC.

Consultation on storage and retention of original will documents

The Ministry of Justice is consulting on proposals to digitise of wills and storage of wills. HMCTS holds every original will document submitted in support of probate since 1858 and they are currently preserved indefinitely in the original paper form. The consultation paper proposes a reform that will enable older wills and documents to be converted to a digital form and then destroyed. The consultation closes on 23 February 2024.

Draft forms reminder

HMCTS asked practitioners to check their dashboard for any draft forms as over a thousand cases are missing fee payments. HMCTS will be sending out reminders this month.

Your feedback

Our meetings with HMCTS provide a valuable opportunity to share your real-life experiences so that we can highlight issues or areas for improvement. This month that included a query from a firm who had received confusing information about timescales for complex applications. They asked how such cases can be prioritised now that the 16-week escalation process has been removed.

HMCTS advised that applications will be prioritised if a matter needs urgent attention in certain circumstances. For example, this might be in cases where the executors are in financial difficulty, or where there is a complaint pending court proceedings. In such cases, practitioners should email the relevant agent, setting out the reasons for the urgency.

HMCTS confirmed that they have been building capability by creating specialist teams to review complex cases. These are often older cases and are more likely to be stopped. Therefore, they will be considered by their most experienced examiners. HMCTS anticipates that this should lead to reductions in aged cases.

They explained that their oldest cases now average at 16 weeks old, representing a reduction of around five weeks since September. For more detailed information on timescales for individual cases please email HMCTS at contactprobate@justice.gov.uk

Next meeting

If you have any feedback you would like to raise with HMCTS at our quarterly probate user group meetings, please email Regulatory Policy Manager, rachel.clements@icaew.com

You can also email probatefeedback@justice.gov.uk or use their online feedback form if you would prefer to share your feedback with HMCTS directly