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Call for Evidence

Probate

The Justice Committee invites written submissions by 22 January 2024 addressing any or all of the following questions: 

Key questions 

1. Capacity, resources and delays 

  • Does the probate service have the necessary resources, capabilities, and expertise to process applications for probate, including complex probate, in a timely manner? If they do not, how could this be improved? 
  • What are the principle causes of the delays in issuing grants of representation?  
  • What is being done to overcome the current delays and are there any gaps?  
  • What is being done to bring greater resilience to the probate system to mitigate against future delays? 
  • What has been the impact of delays and what should the Government do to mitigate that impact?  
  • What can be done to avoid stops?  
  • How well is the system working for complex probate applications?   

2. Performance measurement and data 

  • What mechanisms and metrics should be used to judge on a regular and ongoing basis whether the Probate Registry is performing well? 
  • Does HMCTS have the data necessary to enable performance of the service to be monitored?  

3. Technological change and innovation 

  • Does the probate portal provide improved access to justice and value-for-money?  
  • What is the potential for technological change and innovation to improve the future operation of the probate system?  

4. People’s experience of probate 

  • How well are beneficiaries, executors and the bereaved protected and supported through the probate process? Are the needs of particular groups, such as disabled people or older people, appropriately considered? If not, what steps should be taken and what relevant examples of best practice exist? 
  • How well are people protected from rogue traders? Is sufficient information and support available to individuals? 

5. Fees and thresholds 

  • Are the fees and thresholds set at the right level? 

 

This call for written evidence has now closed.

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