Solicitor Delays in Probate UK (2026): Your Rights & How to Complain

Probate is inherently slow — the Probate Registry (HMCTS) is itself a significant source of delay, processing grant applications in 4–16 weeks. However, delays caused by the solicitor (rather than the court or HMRC) can be unreasonable: (1) No initial client care letter within 7 days: the SRA Code of Conduct requires solicitors to send a client care letter confirming scope of work, fees, and complaints procedure at the outset. Failure to do so is a procedural breach; (2) Failure to keep the client informed: the SRA Code requires solicitors to keep clients reasonably informed about the progress of their matter. A solicitor who does not update the client for months at a time, does not respond to emails within a reasonable period (typically 5–10 working days), or fails to return calls is in breach; (3) Unexplained delays in submitting the IHT400 or probate application: IHT must be paid within 6 months of the month of death (to avoid HMRC interest at 7.75% p.a.). A solicitor who delays the IHT return and causes the estate to incur avoidable interest charges may be professionally negligent; (4) Delay in distributing after probate is granted: once the grant is obtained and debts paid, the executor has a duty to distribute promptly (generally within the executor's year — 12 months from death). A solicitor who sits on estate funds for months after the grant and without explanation is acting unreasonably; (5) What is NOT unreasonable delay: HMRC taking 6–12 months to process IHT400 compliance checks; the Probate Registry taking 8–16 weeks to issue the grant; estate administration taking over a year where there are complex assets, disputes, or overseas elements; dealing with missing beneficiaries.

The complaint process has three stages — internal complaint first, then external escalation: (1) Stage 1 — internal complaint to the firm: every law firm regulated by the SRA must have a written complaints procedure and a named complaints handler (usually the firm's client care partner or senior partner). Write a formal complaint letter to the complaints handler setting out: (a) a chronology of the delay; (b) what you expected to have been done by when; (c) the impact of the delay (e.g., HMRC interest incurred, beneficiaries denied inheritance); (d) what you want the firm to do to resolve it. The firm has 8 weeks to investigate and respond. Keep copies of all correspondence; (2) Stage 2 — Legal Ombudsman: if you are dissatisfied with the firm's response, or if 8 weeks have passed without a response, escalate to the Legal Ombudsman (LeO) at legalombudsman.org.uk. The LeO handles complaints about service — delay, poor communication, and failure to keep clients informed are within its remit. Time limit: you must complain to the LeO within 1 year of the date of the act or omission you are complaining about, or within 1 year of when you first became aware of the problem. Also within 6 years of the act/omission. The LeO can award up to £50,000 compensation. Most complaints are resolved by early resolution within 3–6 months; (3) Stage 3 — Solicitors Regulation Authority (SRA): the SRA (sra.org.uk) regulates solicitor conduct. It investigates serious breaches of the SRA Code of Conduct, dishonesty, and professional misconduct. The SRA cannot resolve complaints about service or award compensation — it can impose conditions, suspend, or strike off the solicitor. Report to the SRA if the solicitor has behaved dishonestly, is mishandling estate funds, or has abandoned the case.

Yes — you can switch probate solicitors at any time. The process requires careful management of the file transfer and any fee dispute: (1) Your right to change solicitor: a client has the right to terminate the retainer (the contract with the solicitor) at any time. The solicitor cannot refuse to release the estate file simply because they want to continue the work; (2) Requesting the file: write to the firm formally requesting transfer of the estate file to your new solicitor. The file includes: correspondence; original documents belonging to the estate (e.g., original will, title deeds if held); draft or completed IHT400 and schedules; probate application papers; estate accounts; notes on asset values and liabilities; (3) Solicitor's lien on the file: a solicitor has a general lien over documents belonging to the client for unpaid fees. However, this lien applies to documents the solicitor generated (correspondence, drafts) — NOT to original documents belonging to the estate itself (the original will, title deeds, client documents). The solicitor cannot withhold the original will or title deeds as leverage for unpaid fees. If fees are disputed, the solicitor should transfer the file subject to their lien and the fee dispute should be resolved separately; (4) Costs on transfer: the outgoing solicitor is entitled to be paid for work done to date. If you disagree with the bill, request an itemised bill and then, if still disputed, you can apply for an assessment of the bill under the Solicitors Act 1974 (s.70 assessment — apply to the Senior Courts Costs Office within 12 months of the bill or 12 months of paying it); (5) New solicitor arrangements: your new solicitor will request the file from the outgoing firm and continue the matter. There may be duplication of work and consequent cost — this can sometimes be claimed from the outgoing solicitor if the delay was their fault.

If a solicitor's delay has caused the estate a financial loss, the executor (or a beneficiary who has suffered loss) may have a professional negligence claim: (1) What losses can be claimed: HMRC interest on late IHT payments caused by the solicitor's failure to submit the IHT400 in time (interest at 7.75% p.a.); additional costs incurred because of unnecessary delay (Probate Registry re-submissions, extra valuations); loss of investment returns during undue delay in distributing estate assets; additional professional fees from a new firm if the first firm's delay caused duplication; (2) Professional negligence claim: professional negligence claims against solicitors are complex. Before suing, you must send a letter of claim under the Pre-Action Protocol for Professional Negligence (usually a detailed letter setting out the facts, the breach of duty, and the loss). The solicitor (via their professional indemnity insurer) responds within 3 months; (3) SRA Compensation Fund: if the solicitor has become insolvent, been struck off, or has misappropriated estate funds, the SRA Compensation Fund (sra.org.uk/consumers/making-a-complaint/compensation-fund/) can compensate. Maximum £2 million per claim; (4) Practical threshold: professional negligence claims are only commercially viable where the loss exceeds approximately £10,000–£15,000 (due to legal costs). Below this level, the Legal Ombudsman route (compensation up to £50,000) is usually more proportionate.

Probate timelines vary significantly depending on estate complexity, but there are reasonable expectations: (1) Simple estates (no property, no IHT, no disputes): straightforward estates using a solicitor should be completed within 6–9 months of death. Grant of probate: 4–16 weeks from submission (HMCTS). IHT payment (if any): within 6 months of month of death. Estate administration and distribution: usually 4–8 weeks after grant; (2) Estates with property: add time for valuations, property sale, and Land Registry registration. A property sale typically adds 2–4 months; (3) Estates with IHT: HMRC processes the IHT400 in 10–20 weeks. IHT compliance investigations (where HMRC queries valuations) take longer — 6–18 months; (4) Complex estates: multiple properties, business interests, overseas assets, disputed claims, missing beneficiaries, or contested wills can extend administration to 2–3 years. These are not unreasonable if genuinely complex; (5) The 'executor's year': an executor is not obliged to distribute the estate within 12 months of death — but beneficiaries can demand distribution (or interest on their share) after the executor's year has passed; (6) Red flags for solicitor-caused delay: no update for more than 2 months without explanation; IHT not submitted before 6-month deadline (causing avoidable interest); probate application not submitted within 3 months of receiving all valuations; estate funds sitting in a solicitor's account for months after the grant with no distribution activity; repeated promises of imminent completion followed by further delay.