Recent Changes to Probate
Coronavirus has led to drastic changes in all industries, including the legal sector. Most organisations had to adapt to a predominantly online presence for fear of survival.
How did COVID affect the Probate process?
As a direct result of Coronavirus, HM Courts and Tribunals Service (HMCTS) mandated online services for grant of Probate applications by professional users, except for cases with more specialised applications. HMCTS also continued to allow professional user applications for grants of letters of administration to be made using either the traditional or online method for a registry.
Why is there a delay for Probate?
Since 2018, the Ministry of Justice has been experiencing delays to Probate – ever since the initial proposal was set out to increase fees. At this point, there was a significant increase in applications due to the lack of information and certainty regarding the new cost structure and process. Issues were then extended due to the new case management system.
Unfortunately, this issue was only exacerbated by the pandemic. Since the first UK coronavirus death in April 2020, there have been almost 150,000 more. This statistic is not only harrowing, but it also highlights the unimaginable strain that has been projected onto the Probate process. The multiple UK national lockdowns also severely affected the backlog of cases, especially the first back in March 2020 when the entire economy was shut down – including courts and solicitors – for almost two months. HMCTS published some figures in mid-May 2020 showing a 50% reduction in grant of representation applications.
The HMCTS has also experienced significant reductions in staff numbers, increasing the backlog further still. Despite this, the organisation has confirmed that they are on track to getting back down to pre-COVID levels in the coming weeks. In the future, they are committed to gradually returning to normal active caseloads of three to four weeks intake – aiming by March 2022.
What other changes are happening?
Back in September 2021, the government consulted on whether to adjust Probate fees. The proposed changes would mean a £273 fee for both professional and non-professional Probate applications – regardless of the estate size. The current fees differ for professional and non-professional users. It is currently £155 for professional users and £215 for non-professionals.
The Ministry of Justice commented saying that the proposed changes are being made to reduce the discrepancy between professional and non-professional applications. The change would also align with the HM Treasury’s guidance that ensures all users should pay the same fee for the same service.
How can we help?
Our Wills and Probate team will be happy to speak with you regarding all areas of wills, probate, inheritance planning and trusts. You can find out more about our Probate services here.
Post-Separation Earnings
Without a post-separation agreement, both parties could feel they are in the dark when deciding, allocating and discussing the placement of finances or other belongings. Recently, ex EastEnders star Adam Woodyatt and his estranged wife, Beverley Sharp, have made the news over Adam’s recent £250k signing on fee for ITV series ‘I’m a Celebrity’. The couple split in 2019 after 21 years of marriage, but as the divorce has not yet been finalised, is his estranged wife entitled to any of the fees?
What are Financial Settlements and Pre-Nuptial Agreements?
A financial settlement is a legally binding contract stating how assets and wealth will be split when the marriage ends. Often this agreement gets neglected due to the overwhelming and emotional nature of separation and divorce. Whether Woodyatt and Sharp have separation or post-nuptial agreements intended to provide financial stability after a split is unknown.
Sharp has recently been pictured shopping for discount groceries, and she has also allegedly spoken out regarding Adam’s ‘I’m a Celebrity’ signing, saying she is ‘unimpressed’. So, should it be that if Sharp is struggling financially (other than her being spotted buying ‘budget’ groceries, as many do, there has been no other suggestion that this is the case) should she be entitled to a portion of Woodyatt’s post-separation fortune to meet her needs?
Reportedly, Sharp is living in their pre-existing Warwickshire home whilst Adam tours with a theatre company. She also receives interim maintenance – suggesting her income needs are being met whilst she remains in the family home, so if that is the case, is there cause for concern in terms of her ‘needing’ a proportion of Adam’s newfound fortune, or instead is she entitled, due to a lack thereof, to a financial settlement or post-nuptial agreement?
What could be done?
Post-separation accrual tends to fall into categories, including:
- New Ventures
- Passive Economic Growth on a Matrimonial Asset
- Active Economic Growth on a Matrimonial Asset
Previously, public separation cases have brought to light questions concerning whether a party’s earning capacity could be treated as a ‘Matrimonial Asset’ – meaning the spouse would be entitled to continued income sharing. In the case of Waggott v Waggott (2016), this possibility was rejected because the extension of the principle to share would undermine the court’s ability to define a break between the couple.
In the case of Woodyatt and Sharp, the outcome is likely to be ultimately resolved depending on what Woodyatt is willing to offer, as well as what assets are deemed matrimonial.
Expert Family Solicitors
If you require assistance regarding relationship breakdown, the expert and sensitive family solicitors at Beverley Morris & Co. can help you ensure the process is dealt with in the best way possible.
We will carefully guide you through the process, no matter your situation or specific requirements.
Contact us today for an initial meeting with an expert family solicitor who will offer you advice on proceeding, highlighting all options available alongside approximated costs.