What Factors Would Delay the Probate Process?

Note: The following article is part of our Complimentary Articles Series, designed to provide additional insights and detailed information on specific topics within estate planning.

In conjunction with the following article, we recommend you review the following pillar articles to understand Probate comprehensively.

• What is Probate, and How Does it Work?
• When Is Probate Required?
• How Can I Apply for Probate?
• Why Has My Probate Been Delayed?

INTRODUCTION

Probate is a crucial pillar of estate administration. While we hope that the Probate process goes as smoothly as possible, you should expect some unanticipated delays along the way, depending on the size and complexity of the Estate. In some cases, the Probate process can take a long time.

This article outlines the 10 most common reasons why the Probate process might take longer than expected. Additionally, it will provide insights to help you prepare for these eventualities and offer some preemptive strategies and measures to expedite the process efficiently.

1. THE COMPLEXITY OF THE ESTATE

It can take time to sort through various assets in more complex Estates with several homes, businesses, international investments, and bank accounts.

For example, if you have properties in both England and Italy, you would need to navigate the legal systems of two different countries.

2. SPECIALIST LEGAL OR TAX ADVICE

In the case of more complex Estates, Executors may need to call upon expert legal or financial advice, such as reaching a valuation on a share of a family business if it is part of the Estate. This could slow down the entire process. 

3. CHALLENGING THE WILL'S VALIDITY

If the validity of the Will is contested due to claims of undue influence or concerns about the deceased's mental state, you may find yourself in a drawn-out process as you investigate these matters.

For example, if a family member challenges the Will on the grounds that the deceased individual decedent was not mentally competent at the time of writing the Will, this would call for a thorough investigation, which might take considerable time. 

4. INACCURATE OR INCOMPLETE DOCUMENTATION

If any required records such as property deeds or bank statements are missing or if the language in the Will is ambiguous regarding the distribution of assets, this could also slow down the Probate process. 

For example, a Will may refer to a specific savings account, but it lacks specificity about which bank the account is held with.

5. DISPUTES AMONG BENEFICIARIES

Disputes amongst Beneficiaries can happen more often than we might imagine for various reasons, such as the interpretation of the Will or the distribution of the assets.

For example, two siblings might decide to pursue legal action if they disagree about how the family home should be divided.

6. SALES OF PROPERTY AND OTHER ASSETS

Depending on the state of the property market, it could take some time to sell a house or other important assets.

For example, Probate proceedings may take longer if the Estate contains a property in a rural location that may have fallen into disrepair.

7. PROBATE REGISTRATION DELAYS

The Probate Registry may often experience a backlog of cases or administrative issues due to a possible staffing shortage, a technical fault, a random increase in applications, or even an emergency.

8. DEBTS AND CLAIMS MADE AGAINST THE ESTATE

Finding and paying off debts or claims against the Estate can take a while, particularly if disagreements exist.

For example, legal action may ensue if a creditor asserts that the Estate owes them money, but the Executors contest this claim.

9. MISSING BENEFICIARIES

If a Beneficiary listed in a Will is challenging to locate, this may delay the process while efforts are made to find them. Sometimes, finding a Beneficiary can take a while, especially if they are resident overseas, have not left a forwarding address, and might not be active on social media.

10. INHERITANCE TAX ISSUES

When the value of an Estate is unclear, this can complicate the process of figuring out if and how much any inheritance tax (IHT) is owed.

This is especially the case in Estates involving items that are difficult to value, such as artwork, antiques, or wine or whiskey collections.

Need to know more?

Book a callback, and we'd be happy to arrange a no-cost, no-obligation discussion with you to lay out the options available.

Alternatively, call us on 01233 659 796.

Or reach out to us here.