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Navigating child contact arrangement disputes at Christmas
By Karen Bishop, Head of Family Law, Palmers Solicitors
Christmas is a time to celebrate for many people – but it can be a challenge for separated parents and their children.
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How long does it take to get a Grant of Probate? Factors that can affect the timeline
The process of obtaining a Grant of Probate is one that many people find daunting, especially during a time of emotional distress.
One of the most common questions we get asked is how long it will take to get a Grant of Probate, but unfortunately, there’s no one-size-fits-all answer.
The time it takes can vary based on several factors, but understanding the key elements that affect the timeline can help you understand the process and have confidence in dealing with it.
What is a Grant of Probate?
Simply put, a Grant of Probate is a legal document that gives the executor of a Will the authority to manage the deceased’s estate. This includes everything from paying off debts to distributing assets to beneficiaries.
If there is no valid Will, a similar document called Letters of Administration is required.
Factors that affect the Grant of Probate timeline
Several factors can influence how long it takes to obtain a Grant of Probate.
While some aspects are within the executor’s control, others are dependent on third parties or the complexity of the estate.
The complexity of the estate
Estates that include multiple assets, such as property, shares, and investments, may take longer to process.
If the deceased had assets in different countries, this could further complicate the process.
The more complex the estate, the longer it will take to gather the necessary documentation and complete the probate application.
Inheritance Tax issues
If Inheritance Tax (IHT) is due on the estate, this can add additional time to the process.
The executors will need to calculate and pay the correct amount of IHT before the Grant of Probate is issued.
HMRC may also need to review the estate, which can delay matters further.
Locating the Will
If the Will is difficult to locate, it can delay the application.
Ideally, the Will should be stored in a safe place and the executor should be aware of its location.
However, in some cases, the Will might be with a solicitor or misplaced, which adds time to the process.
Contesting the Will
If a family member or beneficiary decides to contest the Will, the probate process will likely be paused until the dispute is resolved.
Contesting a Will can be a lengthy process, delaying the issuance of a Grant of Probate.
Errors in the application
If there are mistakes in the probate application, such as incorrect details or missing information, this can cause further delays.
Ensuring that all forms are correctly filled out and that supporting documents are provided will help with speeding up the process.
Delays from third parties
Executors will need to contact various organisations to confirm the deceased’s assets and liabilities, including banks, mortgage lenders, pension providers, and HM Revenue & Customs (HMRC).
The speed at which these institutions respond can impact how long the process takes.
Some organisations can be quick to provide the necessary information, while others may take weeks or even months.
Typical timeline for a Grant of Probate
Usually, it takes about 16 weeks from the time of submitting a probate application to receive the Grant of Probate.
However, as mentioned, this can be extended depending on the factors outlined above.
Once the Grant of Probate is issued, the estate administration process begins, which can take anywhere from a few months to over a year, depending on the size and complexity of the estate.
Contact our Wills and Probate team today to learn how we can assist you with the Grant of Probate, help resolve any estate issues, and reduce the risk of delays.