Justice Committee wraps up the Probate Inquiry ahead of the election

With a general election looming, the Justice Committee’s Probate Inquiry has come to an early close. While it’s disappointing to see the Inquiry end so soon, this has been an important process that helped to deliver significant outcomes for charities.

The Inquiry shone a light on the impact of probate delays on charities, with sector representatives from Remember A Charity, the Institute of Legacy Management, Cancer Research UK, and Devon Air Ambulance Trust called in to present evidence in Parliament.

In the days that followed the parliamentary hearing, HM Courts and Tribunals Service (HMCTS) also agreed that shareable projections on probate outputs would soon be provided for legacy forecasting purposes (this data is now available via both ILM and Remember A Charity).

It’s important to note too that probate outputs have improved considerably in recent months, with grant outputs now exceeding application levels on a monthly basis since September 2023, reducing the volume of unprocessed estates in the system.

Findings and recommendations from the Probate Inquiry

Wrapping up the Probate Inquiry earlier than planned, Sir Robert Neill KC MP, Chair of the Justice Committee, wrote a letter to Mike Freer MP, Parliamentary Under Secretary of State at the Ministry of Justice, which has been published on the Probate Inquiry webpage.

The letter outlines the Committee's key findings and suggestions for improvement of the probate service - emphasising how delays at probate have impacted charities’ ability to fund key services.

Drawing on evidence provided during the charity hearing, the letter Sir Neill explains that this ‘sustained period of uncertainty’ makes legacy forecasting incredibly difficult, preventing charities from making informed investment and budgetary decisions.

Recommendations from the Justice Committee to HMCTS include:

• Providing additional resourcing, if needed, in order to sustain a ‘well-functioning Probate Registry’;
• Publication of performance targets, inspiring confidence in the Probate Registry and the expected standards;
• Releasing more probate data and with greater frequency, increasing confidence and trust through transparency.

The letter highlights that publishing more data would allow the charitable sector to create robust financial forecasts that enable charities to spend money on their charitable purposes.

Whilst the Inquiry has come to a premature end, Remember A Charity and the ILM continue meeting regularly with HMCTS, ensuring the sector is well represented in key discussions and factored into ongoing service developments.

Remember A Charity ‘At A Glance’ Probate Tracker

Remember A Charity members can visit the probate updates section of the members area for more information – including the latest forecast and output data from HMCTS to help with forecasting.