ATE Blog
Overcoming Probate Litigation delays with ATE Insurance
1st October, 2024
Newly released data suggests that progress is being made in reducing waiting times for grants of probate.
HM Courts and Tribunals Services (HMCTS) published its monthly management information on probate applications, which took an average of 9.3 weeks to process in July 2024, compared to 14 weeks in the same month last year.
Yet, the process is still lengthy, and obtaining a grant of probate may be just one of the obstacles that needs to be overcome before you have the legal right to deal with someone’s property, money, and possessions when they die.
There are several other common delays in the probate process such as:
1.Challenges to the will
2.Obtaining valuations
3.Realising investments
4.Liaising with beneficiaries
5.Dealing with debts and creditors
6.Complex estate structures
This may all seem overwhelming and in some cases, parties have little choice but to commence court proceedings.
How can a claimant overcome probate litigation delays with ATE insurance?
It is a common misconception that ATE Insurance should only be taken out when proceedings are issued. It is beneficial to have ATE Insurance in place from the beginning as it shows that the insurer has carried out their risk analysis of the case and considers there are merits. Having ATE in place before any ADR/mediation also demonstrates that if ADR proves to be unsuccessful the claimant is prepared to litigate and has sufficient protection should they lose.
This approach should both encourage settlement without the need for litigation and avoid subsequent court delays.
At Box Legal, we understand the complexities and sensitivities involved in probate disputes.
We offer comprehensive ATE insurance coverage tailored to all types of will and probate litigation, including:
- Claims for Financial Provision
- Imperfect Drafting or Execution of Wills
- Forgery and Fraud
- Lack of Mental Capacity
- Undue Influence
- Rectification and Estoppel Claims
Our specialised WillSafe Policy is designed to provide your clients with the security they need during contentious probate cases.
Contact us for Expert Assistance
For more information about our WillSafe policy, including premium details, or to arrange a consultation- whether onlineor face-to-face-please reach out to us on:
- Phone: 0870 766 9997
- Email: info@boxlegal.co.uk
- Live chat: Available on our website at www.boxlegal.co.uk
Protect your Clients’ interests with ATE insurance from Box Legal, and navigate the complexities of contested wills with confidence.
