Probate application foundered over online misunderstandings – The Crusader

From progress to standstill – a widower’s journey applying for probate after the death of his wife has been perplexing at times.

David Harrison was most concerned when he came to Crusader in July having made an official application six months earlier, but then got no further.

People are encouraged to apply for probate online themselves when possible as it is far cheaper and David’s dearest wish was to settle matters so right was done by his wife and family.

He explained: “Probate is required to release £18,000 in an account held by her and under the terms of her will, her half share of our property should be put in a trust fund for our children.”

David completed the form and sent it to HM Courts & Tribunals Service (HMCTS). 

When checking his application’s status, the message he saw was “In Progress” which he took to mean it was being assessed.

++ If you’ve been affected by this issue or feel you’ve been a victim of injustice, please contact consumer champion Maisha Frost on [email protected] ++;

But as the months ticked by that remained the same. He also contacted customer services by email and letter, but claims he did not hear or kept getting a message saying all advisors were busy and to try later.

Deeply disappointed, he asked Crusader to try on his behalf. We did get a prompt response and found crossed wires may well have had something to do with the stumbling block he had unknowingly encountered.

Because of a problem with David’s application it had not been completed.

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Unfortunately, and to an extent understandably, he had taken the status notice of “in progress” to indicate it was going through when actually it meant “in draft” – a phrase intending to mean “not submitted”.  

An HMCTS spokesman said: “Right under the ‘Apply for probate’ button there is large text saying ‘If you need help applying online’. There is an email, webchat and phone number that can be contacted.”

David was also called and told he would need to start from scratch again. “I think the wording could be clearer,” he commented. “I still don’t know what slip I made and that would help before I do it again.”

[David’s name has been changed]

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