In recent years, applying for a grant of probate has become more accessible than ever. HM Courts & Tribunals Service (HMCTS) introduced an online probate application process designed to make things quicker and simpler for families at an already difficult time.
On the surface, it works. Many people can comfortably complete the initial details, such as names, addresses, and dates relating to their loved one. However, we are increasingly seeing people get tripped up once the application moves beyond the basics.
Where people start to struggle
The most common issues arise when the application asks for financial information about the estate, particularly around inheritance tax and probate values.
Applicants are required to provide figures for the gross and net value of the estate, but without completing the detailed inheritance tax calculation forms that were previously required in many cases. For people unfamiliar with probate and estate administration, this can be confusing.
Many are unsure:
- What should be included in the gross value of the estate
- Which liabilities can legitimately be deducted to reach the net figure
- What does and does not count as an estate liability
As a result, we are seeing people include items that should not be treated as liabilities, which can lead to incorrect valuations being submitted. Even where no inheritance tax is due, inaccuracies can still cause delays or complications further down the line.
Inheritance tax, it is not always straightforward
Another growing issue involves applications where the Residence Nil Rate Band (RNRB) may apply. Some applicants complete the online probate application without realising that claiming RNRB creates a more complex process.
In these cases, a separate and more detailed submission must be made to HMRC before the probate application can even begin with HMCTS. Unfortunately, we are seeing people start the online application, only to discover midway through that they cannot proceed without addressing the inheritance tax position first.
This often results in grant applications being paused, rejected, or delayed, adding stress at a time when families are already dealing with enough.
Why this matters
Probate delays can have real consequences. They can hold up access to funds, delay property sales, and prolong the administration of an estate. In some cases, incorrect information can also raise questions from HMRC or the Probate Registry, leading to further correspondence and delays.
What is meant to be a straightforward online process can quickly become frustrating and overwhelming if the financial details are not handled correctly from the outset.
How we can help
At SMH Wills & Probate, we regularly support clients who:
- Are unsure how to value an estate correctly
- Need guidance on what constitutes a legitimate estate liability
- Are dealing with more complex inheritance tax considerations
- Have started an online application and become stuck part way through
Our role is to make sure everything is done properly, accurately, and efficiently, giving you confidence that the estate is being administered correctly and reducing the risk of delays.
If you are unsure at any stage, seeking advice early can save time, stress, and potential complications later on.
If you would like to discuss a probate application or need support navigating the process, please get in touch with our team by calling 0114 266 4432 or emailing probate@smh.group.
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