Asked by: Jonathan Hinder (Labour - Pendle and Clitheroe)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the adequacy of the (a) accessibility and (b) affordability of legal remedies available to beneficiaries and relatives seeking to challenge an executor or personal representative who they suspect of financial abuse; and whether he plans to review the support available to people who cannot afford the costs of contentious probate proceedings.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The position of personal representative or executor is one of significant responsibility; they are under a statutory duty to administer the deceased person’s estate according to the law and can be held personally liable if they do not.
There are a wide range of safeguards available to hold personal representatives accountable for the performance of their duties. This includes the ability to apply for a court order requiring the personal representative to provide inventory and account, allowing interested parties to understand how the estate has been administered. Applications can also be made to remove an executor, while allegations of criminal offences such as fraud can be investigated by the police.
Where disputes arise, the Government’s recognises the value of mediation in contentious probate proceedings and encourages parties to consider it as route to resolve their dispute. In some instances, the courts will be best placed to resolve a dispute. It is for those adversely affected to decide whether or not to take action.
As with any civil claim, there are costs involved, such as the cost of seeking professional advice. There are several options for support, including contingency fee or litigation funding arrangements, and the “Help with Fees” remissions scheme which is available to eligible users who are less able to reasonably afford to pay a court fee.
Asked by: Jonathan Hinder (Labour - Pendle and Clitheroe)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the City of London Police figures published on 7 September 2026 on fraud by abuse of position, what assessment he has made of the adequacy of existing safeguards against the financial abuse of older and vulnerable people through (a) powers of attorney and (b) the administration of estates.
Answered by Jake Richards - Parliamentary Under-Secretary (Ministry of Justice)
The Government recognises concerns about the financial abuse of older and vulnerable people, including abuse by individuals in positions of trust, and is committed to taking action under the Fraud Strategy 2026-2029.
The law contains a range of safeguards to protect older and vulnerable people from financial abuse in relation to powers of attorney. Lasting powers of attorney (LPAs) require a certificate provider to confirm there was no fraud or undue pressure in making the LPA, and they must be registered by the Office of the Public Guardian (OPG) before use. OPG can investigate concerns about how attorneys exercise their powers, and where necessary will refer matters to the Court of Protection, local authorities or the police.
However, where no LPA exists, for example if an individual is falsely claiming to act under a power of attorney, responsibility sits with the relevant organisation, such as a bank, to undertake appropriate checks before accepting the individual’s authority. The Government’s modernising LPA project will further increase protections by giving legal status to OPG’s use and view service, which allows parties to check the status of an LPA in real time.
The law similarly contains a range of safeguards in relation to wills and the administration of estates. For a will to be valid, the testator must have the required testamentary capacity, intend the document to operate as their will, understand and approve its contents, and make it free from undue influence, fraud or forgery. The validity of a will may be challenged before the courts on any of these grounds. Personal representatives and executors are also under a legal duty to administer estates properly and may be subject to court action, including being removed or replaced by the court, or to criminal investigation where misconduct or fraud is alleged.
The Government is currently considering the recommendations made by the Modernising Wills Law report published by the Law Commission in 2025 (Modernising wills: Final report – Law Commission), including recommendations intended to strengthen protections for vulnerable testators, and will respond in due course.
Asked by: Jonathan Hinder (Labour - Pendle and Clitheroe)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the adequacy of safeguards against financial abuse where an individual (a) falsely represents that they hold power of attorney for another person during that person's lifetime and (b) subsequently acts as executor or personal representative of that person's estate.
Answered by Jake Richards - Parliamentary Under-Secretary (Ministry of Justice)
The Government recognises concerns about the financial abuse of older and vulnerable people, including abuse by individuals in positions of trust, and is committed to taking action under the Fraud Strategy 2026-2029.
The law contains a range of safeguards to protect older and vulnerable people from financial abuse in relation to powers of attorney. Lasting powers of attorney (LPAs) require a certificate provider to confirm there was no fraud or undue pressure in making the LPA, and they must be registered by the Office of the Public Guardian (OPG) before use. OPG can investigate concerns about how attorneys exercise their powers, and where necessary will refer matters to the Court of Protection, local authorities or the police.
However, where no LPA exists, for example if an individual is falsely claiming to act under a power of attorney, responsibility sits with the relevant organisation, such as a bank, to undertake appropriate checks before accepting the individual’s authority. The Government’s modernising LPA project will further increase protections by giving legal status to OPG’s use and view service, which allows parties to check the status of an LPA in real time.
The law similarly contains a range of safeguards in relation to wills and the administration of estates. For a will to be valid, the testator must have the required testamentary capacity, intend the document to operate as their will, understand and approve its contents, and make it free from undue influence, fraud or forgery. The validity of a will may be challenged before the courts on any of these grounds. Personal representatives and executors are also under a legal duty to administer estates properly and may be subject to court action, including being removed or replaced by the court, or to criminal investigation where misconduct or fraud is alleged.
The Government is currently considering the recommendations made by the Modernising Wills Law report published by the Law Commission in 2025 (Modernising wills: Final report – Law Commission), including recommendations intended to strengthen protections for vulnerable testators, and will respond in due course.
Asked by: Jonathan Hinder (Labour - Pendle and Clitheroe)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment his Department has made of the barriers to achieving the swift delivery of legal papers.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Government recognises that the swift delivery of legal papers is fundamental to due process and in ensuring effective access to justice and procedural fairness.
In most circumstances, court procedure rules allow for the immediate service of documents by electronic means, such as email or uploading helping us to drive efficiencies through new technology. The Civil Auto File Share, for example, enables call handlers to access electronic court files in real time and provide informed responses instantly.
However, where other methods are used, manual administrative processes, incorrect contact information, and postal service delays can cause failure or delay in service. Our broader court reforms aim to tackle these kinds of inefficiencies. We are pulling every lever at our disposal – record financial investment, pragmatic structural reform, and a programme of efficiencies – to tackle the Crown Court backlog, reduce delays for victims, and modernise our criminal courts.
We are committed to building an efficient and dynamic system that is fit for the future.
Asked by: Jonathan Hinder (Labour - Pendle and Clitheroe)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps he is taking to reform the probate system.
Answered by Catherine Atkinson
A well-functioning probate system is essential to providing certainty for bereaved families and supporting the timely administration of estates.
The Government is continuing to modernise the probate service to improve efficiency and accessibility. This includes the digitisation of probate applications, enhancements to case management systems and wider operational improvements to support quicker and more reliable processing. The President of the Family Division has established a working group to look at the Non-Contentious Probate Rules 1987 with a view to identifying improvements.
HM Courts and Tribunals Service (HMCTS) has improved processing times, with the majority of applications now completed within published service standards. Where cases take longer, this is often due to the complexity of the estate or the need for further information from personal representatives. The Government keeps the operation of the service under regular review to ensure it continues to meet users’ needs.