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New Probate Procedures Streamline the Process

March 7, 2022

Finally, the probate process is slowly being modernised! It has become even more important to engage the services of an expert to assist you

The process of applying for a Grant of Probate has been the same for years, however, it is now gradually being modernised by the UK government. Initial changes started to be introduced in May 2020 with a move away from the requirement to complete an Oath, which then changed to a Statement of Truth, and is now a PA1P/A form. The latest update, however, is the first step in digitising the whole application process. 

The probate process has always historically been hard copy based: paper forms, “wet” signatures (i.e. signed using a pen) and documents sent in the post to the HMRC and the Probate Registry. Now however the Probate Registry is accepting forms with digitised signatures and is also allowing key documents to be uploaded via a website portal. This service has been available to probate professional users since 2019, and indeed is now mandatory for straightforward applications, but as of 2020 it can be used for personal applications too.

We welcome these rolling changes since it makes the whole probate process better fit for purpose and we’re big advocates of paperless solutions wherever they’re appropriate. We believe that this is just the beginning and that in the future more parts of the process will be available online whilst still providing the necessary safeguards.

close up of blue keyboard button enscribed with apply online

Does the new process apply for every Grant of Probate application?

Sadly, no. When the online process works, it does work really well and many of our clients have already benefited from the small efficiency improvements in terms of speedily settling the deceased’s estate (the average wait time for a Grant of Probate is now three to five weeks if there are no issues), keeping costs down, and being able to move on from their bereavement. But it's worth noting that the changes apply only to the most straightforward of estates, i.e. “excepted” estates where there is no inheritance tax to be paid (see below). 

The Grant of Probate application process still requires care, and in many cases, specialist knowledge of wills, intestacy (i.e. when someone dies without a will) and consideration about potential inheritance tax liability will still be essential. Higher-value matters involving more complex assets and/or family dynamics will continue to require both detailed reporting and sophisticated, sensitive, and strategic professional advice. These types of applications are generally still made on paper.

What has changed with probate applications?

Until now, executors of estates that met certain qualifying criteria and therefore fell into the “excepted” category were required to prepare and submit a short-form IHT return - referred to as a “Return of Estate Information” or form IHT205 - to the Probate Registry when making an application for a Grant of Probate.

But now for deaths occurring on or after 1st January 2022, it will no longer be necessary to file a short-form IHT return. The executors will now only need to make a declaration to confirm the value of the estate as part of the online application for probate. 

For deaths on or after 1 January 2022, an estate is usually an excepted estate if any of the following apply:



  • Its value is below the current Inheritance Tax threshold
  • The estate is worth £650,000 or less and any unused threshold is being transferred from a spouse or civil partner who died first
  • The deceased left everything to a spouse or civil partner living in the UK or to a qualifying charity and the estate is worth less than £3 million (search the charity register for registered UK charities)
  • The deceased was living permanently outside the UK (a “foreign domiciliary”) when they died and the value of their UK assets is under £150,000

The most recent key amendments to these criteria are:-


  • The upper limit of the estate’s gross value has increased from £1 million to £3 million
  • The limit on trust property within the estate has increased to £1 million (previously it was necessary to file a longer return where there was trust property worth more than £150,000). In addition, chargeable trust property’s value is limited to £250,000
  • The limit on lifetime gifts in the seven years before death has also been increased from £150,000 to £250,000
  • For low value excepted estates, the limits on the value of both trust property and lifetime gifts have been increased to £250,000 (from £150,000)


However, the new regulations have introduced two further requirements. To further qualify as an excepted estate, the deceased must not have:


  • Held an indirect interest in UK residential property; and/or
  • Made any lifetime gifts of over £3,000 in any one year, during the seven years before death 



close up of womans's hands poised over laptop keys

Your responsibilities as an executor haven’t changed

When you take on the role of executor of a person’s estate, you have a duty of care to check the value of the estate against all these rules and make the appropriate representations to the Probate Registry.

You still need to accurately interpret the will, assess all the estate’s liabilities and debts correctly, distribute money to the beneficiaries in a timely manner, and submit the correct forms to the Probate Registry. Yes, having an online portal makes life a little easier, but in some cases that may only mean that errors get spotted sooner and your application will be rejected even quicker.

Plus not everyone is confident about using new technology, and many people, especially the elderly, still find the whole process complicated and confusing. Ash Hill are experienced family lawyers, we have many years of dealing with probate matters, and as members of Solicitors for the Elderly we have the additional skills required that enable us to work with older and more vulnerable clients.

So as welcome as a more streamlined probate process is, before you’re tempted to “go it alone” in applying for probate and administering an estate, you should make yourself aware of the duties you owe to HMRC regarding tax and to the beneficiaries - and the consequences of making mistakes. You may find that solicitors fees are a lot lower than you may have anticipated, and the peace of mind that comes with knowing that your application is in the hands of an SRA (Solicitors Regulation Authority) registered professional is priceless.

We would be happy to have a 20-minute free initial discussion about any probate or estate planning issues that you may have. Please contact us today.

What will happen to your digital assets if you pass away suddenly?

By Nasreen Akhter • January 20, 2025
What will happen to digital assets if you pass away suddenly? In today’s digital world, where most of us have multiple digital assets, it is important to put measures in place to protect these assets. A digital asset refers to any asset which you own and may have stored in a digital format. Typically, digital assets are accessed via an online account run by a third-party provider such as Facebook, Google, Apple, or Amazon. There are many examples of digital assets which you may own that are online. These are typically bank accounts, music libraries, email accounts, cryptocurrency, social media, gambling accounts, loyalty schemes, or sentimental photos and videos. Maintaining access to online accounts is essential for either financial or sentimental reasons. Thus, it is very important to plan what will happen to your online accounts when you pass. How can digital assets be protected? The tech industry is fast-paced and constantly changing, with new languages, frameworks, and tools emerging regularly. You may have multiple online accounts on various platforms. For each online account, we recommend that you should review the terms and conditions you agreed to when creating the account. Each account is likely to have specific terms on which assets can be administered on death or if there is no activity on an account for a long period of time the account might be terminated. We recommend that you should choose a digital executor to take over control of certain aspects of your account where the internet service providers (ISP) offer this facility. For example, Facebook allows you to nominate a legacy contact to turn your account into a memorial when you die. Google, on the other hand, allows you to nominate an Inactive Account Manager. This in turn allows the account to be closed or for the submission of requests for data from the account. You should make note of the fact that some ISPs will permanently destroy your digital assets after a period of inactivity or upon notification of your death. What will happen to your digital assets if you pass away without a will or have not mentioned the digital assets in your will? If you currently have a Will in place that does not provide for your digital assets upon death, then these are likely to form part of the residue of your estate and will pass to your residuary beneficiaries. If you don’t have a Will in place, then your digital assets will be distributed via the rules of intestacy which could risk your digital assets ending up in the wrong hands or being lost forever. Here is a link to a government website that explains the rules of intestacy: https://www.gov.uk/inherits-someone-dies-without-will What challenges will your relatives face when dealing with your digital assets? Relatives often face several issues when dealing with a relative's digital assets after their death: Access and Passwords : One of the primary challenges is gaining access to the deceased's digital accounts and assets. Without passwords or access credentials, it can be difficult to manage or close accounts. In order to remedy this administrative issue, it is important to keep a list of digital assets and login information in a secure place. Ideally, this should be alongside the will in a locked draw/safe. Furthermore, this should be updated regularly to avoid further issues. Such information should not be disclosed in the Will document as the Will becomes a public document once a Grant of Probate is obtained. Identification of Assets : Identifying all digital assets can be challenging, especially if the deceased did not maintain a comprehensive list. Digital assets can be spread across various platforms and devices. Ownership : Relatives performing the role of an Executor for the deceased’s estate will need to determine whether the deceased owned the object or if they had the required permission to utilise it during their lifetime. The information regarding the deceased’s ownership will likely be displayed in the terms and conditions of each digital asset. Legal Authority : Relatives may need legal authority, such as a grant of probate, to manage or transfer digital assets. This can be complicated if the deceased did not leave clear instructions or if the digital service providers have strict policies. Service Provider Policies : Different service providers have varying policies regarding the transfer or closure of accounts after death. Some may require specific documentation or legal processes. Privacy Concerns : There may be privacy issues related to accessing the deceased's digital communications or personal data, which can complicate the process. Valuation and Transfer : Determining the value of digital assets, such as cryptocurrencies or digital art, and transferring them to beneficiaries can be complex and may require specialist knowledge. Legal and Tax Implications : There may be legal and tax implications associated with inheriting digital assets, which can vary depending on the type of asset and jurisdiction. How can we help you plan ahead to protect your digital assets? At Ash Hill Solicitors, our experienced solicitors specialise in all areas of estate planning and Wills. We can assist in planning your digital legacy by providing comprehensive legal guidance and support in several key areas: Identifying Digital Assets : We can help you identify all your digital assets, including online accounts, digital currencies, and intellectual property, ensuring nothing is overlooked. Drafting Legal Documents : Our team can draft or update your will to include specific instructions for the management and distribution of your digital assets, ensuring these are legally binding and clear. Appointing a Digital Executor : We can assist in appointing a digital executor, who will be responsible for handling your digital assets according to your wishes. Access and Security : We can advise on secure methods to store access information, such as passwords and encryption keys, ensuring that your digital executor can access your assets when needed. Compliance with Laws : Our experienced solicitors ensure that your digital legacy plan complies with relevant laws and regulations, including data protection and privacy laws. Regular Updates : We are able to help you regularly update your digital legacy plan to reflect changes in your digital assets or personal circumstances. Dispute Resolution : In the event of disputes over digital assets, our team can provide legal representation and advice to resolve issues effectively. By working with Ash Hill Solicitors, you can rest-assured your digital legacy is managed according to your wishes, and that your digital assets are protected and transferred smoothly to your beneficiaries. Please access our downloadable free digital assets log: Click Here Further information The draft Property (Digital Assets etc) Bill proposes that digital assets can be the object of property rights in England and Wales. Please see the link below for further details: https://www.lawsociety.org.uk/topics/private-client/property-digital-assets-etc-bill Contact us Call us today so that we can assist you in securing your digital assets: 02085152790 or visit our website for further information https://www.ashhillsolicitors.co.uk/ .

What is a Lasting Power of Attorney?

By Nasreen Akhter • February 22, 2024
A Lasting Power of Attorney is an important legal document that lets you choose who would make decision on your behalf if you were unable to do so due to a sudden accident, illness, or long-term health issues. There are two different Lasting Powers of Attorney, one covers decisions regarding Health and Welfare and the other Property and Finance. The person for whom the Lasting Power of Attorney is created is called the donor and the people (or persons) nominated to make decision on behalf of the donor are called attorneys. How do I decide who to appoint as my attorney(s)? An attorney can be a relative, friend, spouse or civil partner, your child or even a professional. Ideally, they should be individuals who know you well and most importantly to appoint people who you trust. It is always useful to have more than one attorney as this allows checks to be put in place and provides reassurance to you and other members of the family. You can specify what decisions you are happy for your attorney(s) to make on your behalf. You can decide if your attorney(s) must act jointly on all matters or whether they can also act individually (severally). An LPA ensures that, should you be unable to manage your own affairs, the people you have appointed can manage your financial life on your behalf. This can save a great deal of money and will ensure that as a vulnerable person your affairs will be handled correctly. Risks of not having an LPA If you lose mental capacity without an LPA in place, your family must apply to the Court of Protection to have a deputy appointed to deal with everyday financial matters. This is a slow and expensive process. Contact us today for a free no obligation chat: www.ashhillsolicitors.co.uk Our Power of Attorney solicitors can help and guide you through this process to make sure your forms are correctly and accurately completed.

Why are there delays in obtaining grant of Probate and how to avoid them?

By Nasreen Akhter • January 9, 2024
Bereaved families in the UK are facing a significant financial burden as probate delays continue to accumulate significant costs and unpaid taxes, adding to the distress and emotional strain during an already difficult time. https://committees.parliament.uk/committee/102/justice-committee/news/198600/justice-committee-launches-new-inquiry-into-probate-amid-concerns-over-delays-and-consumer-protection/#:~:text=The%20waiting%20time%20for%20probate,take%20at%20least%20nine%20months. The waiting time for probate almost doubled from April 2022 to April 2023, with reports citing cases of probate taking more than eleven months and practitioners advising clients that probate will take at least nine months. Whether using online systems or the traditional paper process, applicants can now expect a lengthy wait of up to four months or more for probate to be granted. The backlog, a long-lasting result of the challenges created by the Covid pandemic, currently stands at around 40,000 applications, and shows no signs of improving, leaving many families uncertain of when or how they can find a resolution. What problems are caused by Probate delays? Delays in settling an estate can have serious financial consequences for beneficiaries. Here are some important things to consider: If Inheritance Tax is owed, the first payment must be made within the first six months after the death. HMRC will not issue a receipt to the Probate Registry until payment is received - https://www.gov.uk/inheritance-tax After six months, HMRC applies interest to any remaining balance - https://www.gov.uk/government/publications/rates-and-allowances-inheritance-tax-thresholds-and-interest-rates Properties with monthly service charges can incur additional costs due to delays. Vacant properties may require special insurance coverage. Waiting for probate to be granted can prolong the process of selling a property, potentially discouraging buyers. Having a current Will in place should help to ensure a smoother and more efficient probate process. How can these problems be solved? HMCTS is actively exploring various methods to enhance the efficiency and speed of its service. This includes a focus on improving IT systems and reducing paper applications. Digital applications, on average, are processed in less than half the time it takes to process paper applications.  However, irrespective of the application method chosen, gaining a Grant of Probate will always involve a significant amount of legal, tax, and administrative work, which can be time-consuming, and complex by its very nature. As such it is always wise to enlist the support of a probate specialist should you want to minimise the risk of complications causing a stoppage or compounding the existing processing delays. Call us today for a free no obligation chat.
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