Hidden digital assets and mounting interest on inheritance tax bills are creating a costly double risk for families dealing with estates following the death of a loved one, as probate delays continue to impact thousands across England and Wales, adding further stress and financial pressure.
Recent figures from the Ministry of Justice (MoJ) show that more than 2,000 probate applications in England and Wales took over a year to be granted by the Ministry in the 12 months to April 2025. While the MoJ says many applications are now being processed by them more quickly, a significant backlog remains, and complex estates can still face lengthy delays.
Government guidance says the application should take up to 16 weeks, but data shows 203 cases had taken the MoJ between 21 and 23 months to complete in 2024-25, up from 88 in 2020-2021, and 9,480 cases took more than six months to clear the Ministry in 2024-25.
A grant of probate is required before executors can finalise a deceased person’s estate, including accessing bank accounts or selling property held in their sole name. Until this is issued, assets are effectively frozen.
Delays can have serious financial consequences. Inheritance tax is usually due within six months of death, after which interest begins to accrue, currently at 7.75 per cent. This means that even where delays are outside the control of executors, estates can face mounting costs.
“There are some ways that executors can take the initiative if they face delays on their application for probate to be granted,” said James McMullan, a specialist in later life planning with London-based solicitors RIAA Baker Gillette (UK). “Banks will release funds for tax payments directly to HMRC, so an estimate of inheritance tax could be paid on account. Unfortunately, that won’t help if the estate is largely tied up in non-cash assets such as property.”
Alongside, legal experts warn that the growing complexity of modern estates – particularly the rise in digital assets – may further complicate the process if not properly planned for.
Digital assets can include anything from online bank accounts and investment platforms to cryptocurrency, email accounts, cloud storage, photographs, subscriptions and social media profiles. While some may hold financial value, others carry significant sentimental importance.
However, unlike physical assets, digital accounts can be difficult to identify and access if no record exists.
“Many people simply don’t think about their digital footprint when writing a will,” explained James. “But if executors don’t know an account exists, it may never be dealt with. That means money, or memories, could be lost.
“Equally, if they know it exists but can’t access it, this can cause delays at a time when the estate needs to be administered efficiently to avoid potential penalties. When you consider that late payment of a £250,000 tax liability could cost almost £20,000 in penalty interest over a 12-month period, it’s really worth keeping track of assets so executors are well informed.”
A key issue is that access to many digital assets depends on login details or security keys. This is particularly relevant for cryptocurrency, where losing access credentials can mean the asset is permanently inaccessible.
Experts recommend keeping an up-to-date inventory of digital assets, alongside clear instructions on how they should be handled. This information should be stored securely, with executors made aware of where to find it.
James added: “Even the most mundane matters can cause complications. Utility accounts, online shopping profiles and subscription services may continue to incur charges until they are identified and closed. Equally, care may be needed before closing all accounts, as devices such as phones and laptops may hold important documents or information needed to administer the estate.”
Social media accounts can also present challenges, with families needing to decide whether to close or memorialise profiles in line with the deceased’s wishes. Establishing legacy contacts with platforms in advance, as part of estate planning, can help families overcome some problems in dealing with service providers to access a loved ones’ digital assets.
More broadly, simplifying financial affairs during your lifetime – for example by consolidating accounts and keeping clear records – can help reduce the administrative burden on those dealing with your estate.
“With further changes on the horizon, including personal pension pots being brought into the scope of inheritance tax, estates are set to become even more complex in future,” explained James.
“Taking steps now to ensure your will fully reflects both your physical and digital assets could help executors navigate the probate process more efficiently, minimise delays and reduce the risk of unnecessary costs at an already difficult time.”
About the Author
James McMullan is a Partner and also heads up our Private Client team. James started his career as a family lawyer, but over the years, his practice has grown to encompass all aspects of private client law, including estate planning, Inheritance Tax, lasting powers of attorney, lifetime gifts, living wills, mental capacity issues, probate and contentious probate, trusts and, of course, wills.
James prides himself on spending sufficient time with clients at the outset of a matter to fully understand their position, needs, and objectives. He is committed to resolving disputes effectively, frequently using alternative dispute resolution (ADR). Given its costs and uncertainty, court litigation is a last resort.