A retired solicitor-judge has obtained £50 in compensation from the courts service after a ‘gross delay’ in his probate application. Stephen Gold has been chronicling his ordeal of being the executor of his late aunt’s estate on This is Money, the financial section of MailOnline.

His most recent difficulty, he said, has been caused by a 10-week delay in issuing probate after he applied online. The former civil and family judge complained to HM Courts & Tribunals Service, demanding an explanation.

When he applied on 30 January Gold was informed that applications for probate usually take 16 weeks. By March, the probate service was saying online applications were taking 'an average of 3.1 weeks' where there was no stoppage of time on account of deficient paperwork, Gold wrote. 

‘But although that average had been exceeded, I could not chase them by phone’, Gold wrote. ‘They say “goodbye” on a recorded phone message to DIYers who have not waited for 16 weeks. So, I waited.

Stephen gold

Gold has been chronicling his ordeal of being the executor of his late aunt’s estate

‘After 16 weeks, I got through. The call handler was stern. It sounded as though she was typing as we spoke. The application would be "looked at soon".

‘I received email notification that the application had been granted…the next day! Copies of the probate followed swiftly. Two communications asking for an explanation for the delay did not meet with any response.’

Gold made a formal complaint about the delay to HMCTS, which responded 10 days later to say his application had initially been rejected for reasons which were unclear and that the service had then failed to follow up on the application until Gold called.

HMCTS offered ‘apologies’ for any upset or inconvenience caused, Gold wrote. He added: ‘I asked for a review by the complaints manager who came back to me within a reasonable time frame. By implication, the complaint was upheld. A delay of 10.5 weeks in issuing probate was acknowledged.

‘The review produced a “without prejudice” goodwill payment of £50 which translated into just over a fiver for each week of delay. I regard this to be on the low side but I have accepted.’

Gold said he was told the money could take 20 working days to reach him but it was received within just two.

 

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