Our Wills and Probate team experienced Wills and Probate team regularly guide clients through the complex process of managing a loved one’s estate. Recent findings from the Council for Licensed Conveyancers (CLC) highlight a key challenge faced by professionals — inconsistent practices among banks when handling funds from deceased estates.
Discrepancies Across Banks
A new CLC survey of 88 probate professionals revealed that:
✅ 87% had encountered discrepancies between different banks on how much money they would release — and to whom.
✅ Half said these inconsistencies occurred “all the time.”
✅ Respondents overwhelmingly agreed that a standardised process should be introduced across all banking institutions to simplify and speed up estate administration.
Such inconsistencies often lead to unnecessary delays, stress for grieving families, and additional legal complications. A unified approach could ensure fairness and efficiency for both clients and legal professionals.
Improvements at the Probate Registry
Despite frustrations with banking processes, professionals did note progress at the Probate Registry:
- 83% said the online system works well for straightforward applications.
- 49% reported an average waiting time of four weeks or less for a Grant of Probate.
- HM Courts and Tribunals Service has reduced its backlog by 37% in the past year, cutting average waiting times by three weeks compared to 2024.
These improvements mark steady recovery following the pandemic-related delays that affected thousands of families nationwide.
Digital Wills and Modernisation Concerns
The survey also explored views on the Law Commission’s proposal to modernise Will law, including electronic signing and witnessing. However, 72% of respondents said they would be cautious about supporting such changes without stronger safeguards.
Professionals expressed concerns about:
🔹 Potential for fraud or undue influence
🔹 Security and authenticity of electronically signed Wills
🔹 Risk of abuse in vulnerable cases
Stephen Ward, CLC’s director of strategy, emphasised that while modernisation may improve accessibility, reforms must prioritise trust, security, and client protection.
Public Awareness and Financial Strain
The report also shed light on ongoing consumer confusion about probate:
- 90% of professionals said clients were largely unaware of what probate involves, including risks and timescales.
- 58% had acted for clients who took out loans to pay inheritance tax while waiting for probate.
- 77% supported extending the 12-month relief window for inheritance tax share loss.
Some clients even discovered they had been appointed as executors only after a loved one passed away — highlighting the importance of clear estate planning and communication.
The Way Forward
The CLC’s findings reinforce the need for greater standardisation, education, and reform in how probate and estate administration are handled across the UK.
With banking inconsistencies still creating obstacles, and Will law modernisation on the horizon, probate professionals continue to call for balanced reform that prioritises security and clarity for clients.
