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24 November 2023 / Stephen Gold
Issue: 8050 / Categories: Features , Wills & Probate , Profession
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Musing of an executor

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Driven to distraction by financial & other businesses failing to respond to essential enquiries? Stephen Gold recommends taking the compensation route

Your probate colleagues will tell you that they can match your high blood pressure. Delays in prizing grants out of the probate service are legion. What is not readily apparent is that HMCTS, which enjoys responsibility for the service, is obliged to entertain complaints about delays under the same scheme that applies to mess ups in the courts and tribunals. And that the scheme enables the payment of compensation where a complaint is upheld is not exactly shouted from the Petty France rooftops. Indeed, in the just updated guidance on complaints, the availability of compensation remains a secret but does provide a link to an online ‘thank you’ form. I come fresh from complaining to HMCTS about what transpired to be a period of 10.5 weeks during which my online application for probate as executor of my late aunt’s estate went to sleep.

I secured a £50 without prejudice goodwill payment on complaints manager review after the complaints investigator could

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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