Online probate system “slower than paper version”, lawyers warn

The new online probate system is turning out to be slower than its paper predecessor, according to a majority of private client lawyers surveyed by the Law Society of England and Wales.

Recent research from the Society reveals that the digitised court system is creaking at the seams, despite the “good intentions” with which it was introduced. Instead of a streamlined, modernised process, lawyers and other users have all too often found themselves facing “growing delays… and increased costs in dealing with inefficient technologies”.

The findings are based on responses from a group of solicitors who use the probate, family law and damages portals, with more than half of those questioned feeling the new system was neither effective nor efficient in delivering justice.

Some 62 per cent said they had seen delays in court proceedings caused by the portals, while just over a third (34 per cent) added that they had been obliged to pass on costs to clients.

More than half (54 per cent) of probate users felt the online system was actually slower than the previous paper-based version, with 29 per cent also citing poor response times and lack of HM Courts and Tribunals Service (HMCTS) expertise as a problem and almost one fifth (18 per cent) highlighting a resultant delay in issuing grants.

Calling for a reassessment of the system and how it works, Law Society president Nick Emmerson said: “We know that modernisation is a work in progress, but this is having a real impact on clients, especially as these portals are often used at an already challenging and difficult time, such as managing the estate of a deceased loved one, handling a child protection matter or getting help with an accident that wasn’t their fault.

“The increased delays and associated uncertainty these portals have created are causing additional stress.”

Emmerson added that a truly seamless online system could deliver, “streamlined case management, fair and transparent proceedings and ultimately, timely access to justice”.