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Private Client Section

Introduction of new online probate system

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The Law Society cautiously welcomes online probate applications. 

The Law Society has welcomed the introduction of a new online probate application system - but warned the government that it must not open avenues to fraud. 

HM Courts and Tribunals Service said yesterday that the service was now accepting online probate applications from personal applicants. 

The government says going online removes the need for people to swear an oath in person and provides an option to pay a fee online rather than by cheque. The new service will also allow applicants to start an application and save and exit it before returning to it. 

Ian Bond, chair of the Law Society’s wills and equity committee said the ‘positive’ moves are a good example of how technology can make the court system easier and quicker for the public to navigate, without jeopardising access to justice. 

However, he said HMCTS must take care to ensure that online probate applications do not become an avenue either for fraud or for taking advantage of vulnerable clients. 

’Our expert committees have and will continue to emphasise this as they engage with HMCTS about this system,’ he added.

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