08 May 2026
In recent years, however, two growing issues have made matters even more challenging: delays in the probate system and the increasing presence of digital assets that are difficult to identify or access.
Together, they can create what many practitioners are now calling a “double risk” for estates, both financially and administratively.
Probate Delays: A Continuing Pressure Point
Before an estate can be fully administered, executors must obtain a Grant of Probate. This legal document gives them authority to access bank accounts, sell property, and distribute assets.
While government guidance suggests probate applications should take around 16 weeks, the reality is often very different.
Recent Ministry of Justice figures show that:
During this time, assets in the estate are effectively frozen.
The Cost of Delay: Inheritance Tax and Interest
One of the most significant consequences of probate delay is its impact on Inheritance Tax (IHT).
In most cases, IHT must be paid within six months of death. After that point, interest begins to accrue, currently at 7.75%.
This means that even where delays are outside the control of executors, estates can still face increasing costs.
In some cases, executors may be able to make an estimated payment to HMRC using available funds, but this is not always possible where assets are tied up in property or investments.
As a result, delays can quickly become expensive.
The Growing Challenge of Digital Assets
Alongside probate delays, estates are becoming more complicated due to the rise of digital assets.
These can include:
Some of these assets have clear financial value. Others are purely sentimental, but still important.
The difficulty is that many of these assets are not visible in traditional paperwork.
If executors are unaware, they exist, they may never be dealt with at all.
Access Problems and Lost Assets
Unlike physical property, digital assets often rely on:
Without this information, access can be extremely difficult and, in some cases, impossible.
Cryptocurrency is a particularly stark example: if access credentials are lost, the asset may be permanently unrecoverable.
This makes clear record-keeping essential during lifetime planning.
The Importance of Digital Asset Planning
Many people still do not include digital assets when making a Will or estate plan.
However, failing to do so can create several problems:
Even routine accounts such as utilities or subscriptions can continue to generate costs until they are identified and closed.
Care also needs to be taken before closing devices or accounts, as important documents may be stored on phones, laptops, or cloud services needed to administer the estate.
Social Media and Legacy Planning
Social media accounts can also present sensitive decisions for families.
Executors may need to decide whether to:
Some platforms allow users to appoint legacy contacts in advance, which can help families manage accounts more easily after death.
Including these wishes in estate planning can significantly reduce uncertainty at a difficult time.
Why Keeping Records Matters
One of the simplest and most effective steps individuals can take is to maintain a clear, up-to-date record of digital and financial assets.
This should include:
This information should be stored securely and made available to executors when needed.
Looking Ahead: Increasing Complexity in Estates
Estate administration is likely to become more complex in the coming years.
With changes such as pension assets moving closer to inheritance tax exposure, and the continued growth of digital wealth, executors are already facing a heavier administrative burden than in the past.
As one specialist has noted, failing to plan for both physical and digital assets can lead to unnecessary delays, increased costs, and avoidable stress for families at an already difficult time.
Probate delays alone can create significant pressure on estates. When combined with the growing complexity of digital assets, the risks increase further, both in terms of time and cost.
Taking steps now to ensure your Will and estate planning reflect the full picture of your assets can make a meaningful difference later on.
Clear records, up-to-date planning, and proper legal advice can help ensure executors are able to administer your estate efficiently and without unnecessary complications.
Need advice on probate or estate planning?
If you are dealing with an estate or want to make sure your Will properly accounts for both your physical and digital assets, now is the right time to seek advice.
Our experienced Private Client team can guide you through every stage of estate planning and probate, helping to reduce delays, avoid unnecessary costs, and ensure nothing important is overlooked. Call us on 01202 294411, or get in touch via our website to arrange a confidential consultation: Contact Us AB Solicitors For Your Legal Needs
