Roche Legal challenges ongoing probate delays, citing significant impact on families
A leading Yorkshire law firm has lodged an official complaint over persistent and “outrageous” delays in the probate system, challenging recent government claims of significant improvements.
Roche Legal, a specialist private client firm based in York, has formally raised concerns with HM Courts & Tribunals Service (HMCTS) after encountering severe delays in a complex probate case involving cross-border elements.
The complaint follows newly released data obtained under the Freedom of Information Act by financial services provider Quilter, revealing that the number of probate cases taking over a year to resolve has surged by 134% in the past three years.
Despite the Ministry of Justice crediting “decisive government action” for reducing the average waiting time for digital probate applications to four weeks by December 2024—down from 12 weeks the year prior—these figures only apply to straightforward online cases.
In contrast, more complex cases, including those involving foreign domiciles, still require paper submission to the Probate Registry in Newcastle, where Roche Legal reports that delays remain a serious and growing issue.
Rachel Roche, founder of Roche Legal, stated, “We have probate matters that have been with the Courts for over 12 months, and that is simply outrageous. Despite government reassurances, the picture on the ground is far less positive than the official statistics suggest. While some applications are processed quickly, others are inexplicably delayed, and the reasons appear entirely arbitrary. This is not just red tape. It is deeply distressing for families and creates significant disruption when estates are left unresolved for months, or even years.”
Roche Legal’s complaint highlights one particularly concerning case involving a French national who held an English bank account. Due to the value of the assets, probate was required to access the funds. The application, submitted on 27 February 2024, required additional supporting documentation due to the foreign domicile aspect.
Rachel Roche explained, “In May, we were told the matter had been referred to a probate examiner due to its complexity. Since then, we’ve been informed that only a small number of specialists are qualified to assess this type of case. Although we provided all requested information, including certified translations and notarial documents, we have not received any meaningful update since October 2024 despite repeated follow-ups and assurances that the case has been expedited. What makes this even more frustrating is that we had another case, also involving a foreign domicile, that was processed and approved in just over two months. The inconsistency is staggering.”
Probate is the legal process of administering a deceased person’s estate. Without a grant of probate, executors and beneficiaries may be unable to sell property, access bank accounts, or make critical financial decisions.
Rachel Roche concluded: “Families dealing with loss should not have to endure the additional burden of an inefficient probate system. They deserve a process that is timely, transparent, and fit for purpose, not one that leaves them in the dark for months on end.”
Image provided by Roche Legal
