The Probate Registry
The Probate Registry is the government department responsible for issuing the various grant of representation such as grants of probate and grants of letters of administration which are often needed to administer estates. It is common knowledge that it has faced significant backlogs which culminated in the Justice Committee launching an enquiry in November 2023.
You might be shocked to discover that the waiting time for the issuing of grants doubled between April 2022 to April 20231. Before the severe backlog, it was not unheard of receiving a grant of representation within a month of applying. Now the Probate Registry advises to not chase an outstanding for sixteen weeks after applying.
It is not all doom and gloom, however. MP Mike Freer2 has announced that the average time from application to the granting of probate is now twelve weeks. Whilst a three-month wait is not ideal, quartering the average time from submission of the application to granting of probate is no mean feat.
The Probate Registry is not the only probate service turning a new leaf for the new year, HM Revenue and Customs has also followed suite.
HM Revenue and Customs
Well known to probate professionals but not so much to the public is form IHT400. This is the form required to be completed when an estate is subject to inheritance tax (‘IHT’) or when various IHT allowance rates are being claimed. Everyone has am IHT-free Nil Rate Band allowance of £325,000, Penny Wright, a partner in the Wills, Probate and Estate Planning discusses the other available IHT reliefs and exemptions here in more detail.
When an estate is taxable, HM Revenue and Customs and the Probate Registry liaise with each other as the grant of representation cannot be issued until the form IHT400 has been agreed upon by HM Revenue and Customs. The Probate Registry also requires a certain amount of IHT, if due, to be paid as well before issuing the grant. Until 17 January 2024, HM Revenue and Customs would send form IHT421 to the Probate Registry after 20 working days to confirm that the IHT400 account had been approved and the necessary tax paid.
17 January 2024 saw the removal of form IHT421 and, once form IHT400 has been accepted by HM Revenue and Customs, they will release a unique code to the probate practitioner and only then can the probate application be submitted. It should be noted that whilst this is a digital code, it will be posted to the probate practitioner opposed to being uploaded online. A digitally generated code that sent via post, only time will tell whether it is an improvement on the trusty IHT421.
With less delays in sight, the role of a personal representative should become less onerous as it should simply take less time to administer an estate. Nonetheless, the accuracy of reporting on an IHT400 has only become more important. These are difficult forms and must not be underestimated.
If you are a personal representative or have any inheritance tax queries then the Wills, Probate and Estate Planning team will be able to provide you with advice. You can contact any of our experts here.
2 Probate Registry – Hansard – UK Parliament