Complex cases and the delays in probate

As Heir Hunters we play an important role in re-uniting long-lost relatives with their rightful inheritance. However, on occasion our work has come under scrutiny, mostly down to the delays in the process, and more specifically on intestate cases. A recent article in This is Money highlighted the story of a family we had been in contact with, stating that they were entitled to a share of inheritance from an unknown cousin, but had yet to receive the money.

With the simplest cases, the average time it takes for inheritance to be paid is between nine months and a year. This becomes far more complicated in situations where there is no will. In this case, the deceased had no will – also known as dying “intestate”. The order of priority for statutory next-of-kin is found in s.46 of the Administration of Estates Act 1925.

With this case, as it is with many of the cases we deal with, the process is complicated and at times our hands are tied. We must often involve third parties; usually to request necessary information, and this is where delays most frequently occur.

Helen Crane on This is Money replies: “When dealing with an estate on which inheritance tax is due, a solicitor must sign a form saying that all the money from the estate has now been received, and that the amount of tax owed on it is not going to change any further.”

Unfortunately, in this case, the solicitors weren’t able to seek clearance from HMRC as they are waiting for pension money to come through at the end of May 2023; something which may change the tax owed. Therefore, money cannot be released to the beneficiaries.

However, due to the urgency of some family members in need of the money, we were able to provide the beneficiaries with a ‘partial distribution’ from the estate. 

Neil Fraser commented “We are pleased we were able to step in to help, and settle the case. Despite our best efforts our hands are often tied by third parties.

“This is incredibly frustrating for us, and we sympathise with our clients, for whom we act as point of contact. Situations like this are cause for 90 per cent of complaints from our clients, and while it is out of our control, we are dedicated to provide a transparent and worthwhile service.

In this case, as with the majority of our cases, we are happy to have settled this with a positive outcome for the beneficiaries.”