York lawyer Roche Legal complaint over probate delays

Roche Legal, a specialized private client company based in Millfield Lane, Poppleton, says it filed a complaint with HM Courts and Court Services (HMCT) after experiencing severe delays in complex probate cases that include cross-border elements.

The Justice Department said they are working to reduce waiting times, most are granted within two months, depending on the current situation.

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Rachel Roche, founder of Roche Legal, said:

“Despite government security, ground photography is far less positive than official statistics suggest. Some applications are processed quickly, while others are inexplicably behind, and the reasons seem completely arbitrary.

“This isn't just a deficit. It's deeply painful for families and causes great disruption if the property is left unsolved for months or years.”

She said the complaint underscores one case involving French citizens who held UK bank accounts. Because of the value of the assets, probate was required to access the funds. The application was submitted on February 27th last year and contained additional support documents by foreign residence.

Rachel Roche, Founder of Roche Legal (Image: Supplied) Rachel said: “It was said in May that the issue was referred to a probate examiner because of this complexity, and since then, we have been informed that only a few experts are eligible to evaluate this type of case.

“We provided all requested information, including certified translations and notarized documents, but despite repeated follow-ups and assurances that cases were expedited, we have not received any meaningful updates since October 2024.

“What makes this even more frustrating is that we had another case. It also included foreign residences and was processed and approved in more than two months. The inconsistency is phenomenal.”

Probate is a legal process in which a person deals with a person's real estate after death.

Without probate, the executor and beneficiary may not be able to sell the property, access bank accounts, or make financial decisions.

Rachel said: “Families often navigate sadness and mental distress.

“They deserve a timely, transparent and purposeful system.

A spokesman for the Department of Justice said: “We were not provided enough details to consider this case, but foreign probate cases are the most complicated and often require additional information from the applicant.

“Most probate applications are granted within eight weeks and we are working to reduce applicant waiting times, including staff training, which has issued a record number of grants in recent months.”