The Agonizing Wait: How Grieving Families Are Being Hit with ‘Death Tax’ Delays

As if losing a loved one wasn’t painful enough, grieving families are now facing another challenge: delays in the probate process. This legal process, also known as the “death tax,” is meant to help distribute the deceased person’s assets, but it’s being bogged down by a huge backlog.

Families are tearing their hair out in frustration

According to Martin Lewis, the financial guru, the delays are “rampant” and causing immense stress to those who are already grieving. The probate process, which typically takes 16 weeks, is now taking months, even years, to complete. This is due to a combination of factors, including the pandemic and the push to bring the service online.

“People are tearing their hair out, they have already lost somebody and they want to get on with their lives,” said Mr. Lewis.

The situation is so dire that the number of probate cases taking more than a year to be granted has risen by 65% in the past three years. This is not only causing emotional distress but also financial hardship, as families are unable to access the assets they need to move on with their lives.

The probate application process is complex and time-consuming

So, what can be done to speed up the process? According to Kieran Bowe, a partner at law firm Russell Cowe, there are certain circumstances where you can get a grant more quickly. For example, if a property had already gone under offer before the time of death, or in cases of extreme financial hardship.

“The key thing is getting your application into the court as swiftly as possible,” said Mr. Bowe. “Managing expectations within the estate, particularly if there is a property to be sold, is also crucial.”

In addition to these tips, it’s essential to understand that the probate fee, which was increased by 10% in May, can be waived in certain circumstances. If you’re struggling to pay the fee, you can apply for help with fees online or by filling in form EX160.

The probate fee can be a significant burden for grieving families

In conclusion, the delays in the probate process are causing unnecessary stress and hardship for grieving families. It’s essential to understand the process, seek help when needed, and explore options to speed up the process. By doing so, we can ensure that those who are already going through a difficult time can get the support they need to move forward.