The number of probate cases taking over a year to be granted increased by 134% between 2020 and 2023, Quilter has found.

Analysis of a freedom of information request by the Ministry of Justice revealed that the number of cases taking between 21 and 23 months to be granted also jumped by 132% across the same period.

A grant of probate is a legal document that confirms the authority of the executor's named in a deceased person’s will to manage and distribute their estate according the will’s terms. It is required in many cases to access the deceased’s assets, such as a bank accounts, property and investments.

According to the Government, a grant of probate should usually be obtained within 16 weeks of submitting an application.

Quilter highlighted that this increase in wait times comes as the Government prepares to make pensions liable to inheritance tax (IHT), which could further delay the grant of probate in many cases.

Head of retirement policy at Quilter, Jon Greer, said: "Under the current set of rules, we are already witnessing huge delays in granting probate causing significant stress for grieving families. With pensions set to become part of the taxable estate from April 2027, the situation is only likely to worsen.

"Pension schemes often remain unaware of a member's death immediately, delaying legal and tax processes. This means legal personal representatives will face an even greater burden, consolidating information across multiple pension schemes.

"These delays and added responsibilities compound an already difficult situation. Executors, often close kin or friends, will need to input detailed information, adding complexity to an already time-intensive task. Pension schemes will have to decide whether to continue with discretionary processes for identifying beneficiaries, which can add significant time."

Quilter also highlighted that delays in obtaining a probate can lead to several adverse effects. These include financial strain when assets remain frozen, property and asset management issues when the property in the deceased’s name cannot be sold or properly managed, and investment risks when probate delays prevent reallocation or management of investments.

"Delays may cost families significantly," added Greer. "HMRC proposes charging interest on IHT owed after six months following death, currently at 7.25%. Interest will likely be charged on IHT due from schemes even where delays are not caused by them, quickly mounting up.

"To mitigate these issues, it's crucial to organise your estate in advance. Utilising trusts and making lifetime gifts can help reduce the complexity and potential tax liabilities. Engaging a financial adviser and having a will in place can also ease the process for executors."

---