The number of probate cases taking more than a year to be granted has risen by 134% over the last three years.
A Freedom of Information request by Quilter found that the number of probate cases taking between 21 and 23 months to be granted also rose by 132% between 2020 and 2023.
According to the government, a grant of probate should usually be obtained within 16 weeks of submitting an application.
However, the number of cases taking over six months soared 209% in the three years to 2023, while those taking over nine months increased by 163%, the data showed.
Quilter said the figures demonstrate the ongoing strain on the probate process, warning the wait could become even lengthier when pensions become part of the process in April 2027.
According to the wealth manager, delays in obtaining a grant of probate can have several adverse effects, including financial strain; difficulties in managing the deceased’s property and investment risks and tax liabilities, with late payment penalties or missed tax advantage deadlines occurring.
Jon Greer, head of retirement policy at Quilter, said: “Under the current set of rules, we are already witnessing huge delays in granting probate, causing significant stress for grieving families. With pensions set to become part of the taxable estate from April 2027, the situation is only likely to worsen. Pension schemes often remain unaware of a member’s death immediately, delaying legal and tax processes. This means legal personal representatives will face an even greater burden, consolidating information across multiple pension schemes.”
Greer said delays can compound an already difficult situation, with executors of the will required to input detailed information. Pension schemes will have to decide whether to continue with discretionary processes for identifying beneficiaries, which can add significant time.
Additionally, delays may cost families significantly, Greer warned, with HMRC charging interest on IHT owed after six months following death, currently at 7.25%.
“Interest will likely be charged on IHT due from schemes even where delays are not caused by them, quickly mounting up. To mitigate these issues, it’s crucial to organise your estate in advance. Utilising trusts and making lifetime gifts can help reduce the complexity and potential tax liabilities,” added Greer.
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