Labour’s election campaign was driven by a resounding call for change. The 2024-2025 parliamentary session commenced on 17 July 2024, and following the summer recess all eyes are now on what changes the government will implement.
In this article, we consider four areas pertinent to our clients’ personal affairs and urge the new government to consider turning their attention to them.
1. Probate delays
Service delays from His Majesty’s Courts and Tribunals Service (“HMCTS”) are still a major issue for families and professionals who are navigating the administration of estates. The number of cases taking six months or longer for an application to be approved rose by 112 per cent, to 6,942, between 2020 and 2023[1].
We have written on this matter in the past. The delays in obtaining probate exacerbate an already difficult process for grieving families. Indeed, a cross-party committee recently heard how some families are unable to pay inheritance tax, bills, or even sell their homes as assets remain frozen before Grant of Representation is received.
Our advice to the government would be to address the issue of the backlog immediately, with adequate funding to HMCTS and robust training for case workers.
2. Revenue delays
In a similar vein, delays in processes at His Majesty’s Revenue and Customs (“HMRC”) result in adverse effects on taxpayers’ personal affairs.
Labour’s manifesto pledged to modernise HMRC by increasing registration and reporting requirements, strengthening HMRC’s powers, investing in new technology, and building capacity within HMRC.
Whilst increasing the number of caseworkers and streamlining processes are a welcome proposal, it will be interesting to see whether the proposed increase in registration and reporting requirements might aggravate an existing problem. A balance needs to be struck in our view.
3. Court of Protection delays
The Court of Protection was established under the terms of the Mental Capacity Act 2005. It enables the appointment of individuals as ‘deputies’ to make decisions on behalf of people who lack the capacity to do so for themselves (and who do not have a valid Enduring or Lasting Power of Attorney in place).
The Court of Protection is also experiencing long delays – the timescale for an order to be made can take between 4 and 12 months. During this time the individual on whose behalf the application is being made may be unable to administer their personal affairs due to lack of capacity, which can have serious adverse consequences.
Investment in this public body by the new government (in the manner outlined above for HMCTS and HMRC) to mitigate against these risks is therefore imperative.
4. Investing in the Law Commission
The Law Commission is a statutory body, independent of any input from the executive, which reviews existing laws and recommends reform where relevant.
We have written articles in the past on areas of law which have not been sufficiently reformed and pose risks to our clients, such as the lack of stringent measures around undue influence in predatory marriages.
Investing in the Law Commission would ensure that these areas of law are kept under stringent review. The new government should not ignore the crucial position the Law Commission occupies in ensuring that the law remains fair, up-to-date and in the best interests of the general public.
[1] Figure taken from Times article ‘Families punished for slow probate’ publishing figures obtained from the Ministry of Justice through a freedom of information request by Quilter