Infected Blood Scandal stands as a dark chapter in UK healthcare history, leaving a devastating legacy for thousands infected with HIV and Hepatitis C through contaminated blood products, and for their affected families. While compensation schemes are now in place to address this monumental injustice, victims and their estates often face additional burdens, including the significant costs associated with probate.

For the estates of deceased infected individuals, obtaining a Grant of Probate is a crucial, and often mandatory, step to access the interim compensation payments. This process can incur substantial fees, both for the court application itself and for legal advice. Recognising this, the Infected Blood Compensation Scheme includes provisions for the reimbursement of these probate-related expenses.

Eligibility for Reimbursement

If an estate’s claim for compensation under the Infected Blood Compensation Scheme is successful, you may be able to reclaim certain probate costs. This typically includes:

• The probate application fees: The exact amount paid to the court for the Grant of Probate, Letters of Administration, or Confirmation. 
• Legal adviser fees: The cost of hiring a solicitor or legal professional to assist with the probate application, up to a maximum of £1,500. It’s important to note that, as of recent guidance, only legal fees for probate applications made after October 2024 are eligible for reimbursement.

Crucially, you cannot claim back the cost of searching probate records.

The Process of Claiming Back Legal Costs

The process for reclaiming these fees is tied to the compensation application itself. Here’s a general overview of the steps involved:

1. Obtain Probate/Confirmation: You must first have successfully obtained a Grant of Probate, Letters of Administration, or Confirmation for the deceased’s estate. This is a prerequisite for applying for the interim compensation payment.
2. Apply for Compensation: Once probate is granted, the personal representative (executor) of the estate can apply for the interim compensation payment. The government has published specific application forms for this.
3. Receive Compensation Decision: If the compensation claim is successful, you will receive a decision letter which includes your application number.
4. Claim Legal Fees Reimbursement: You can then apply for reimbursement of your probate legal costs using a dedicated “Legal Fees Reimbursement Claim Form.

   The processing of reimbursement claims typically takes around 30 working days. If an application is unsuccessful, there is a three-month window to provide further information and request a reassessment. 

How We Can Help

Navigating the complexities of probate and compensation claims can be daunting, especially during a time of grief and distress. Specialist legal advice can be invaluable in ensuring a smooth and successful process. Our firm offers comprehensive support to those affected by the Infected Blood Scandal, including:

• Expert Probate Assistance: Our dedicated probate team can guide you through every step of obtaining a Grant of Probate or Letters of Administration, ensuring all necessary documentation is correctly prepared and submitted. We understand the specific requirements for Infected Blood Scheme claims, including those for nil-value estates or deaths prior to 1982.
• Reimbursement of Legal Costs: Once your compensation claim is successful, we can help you prepare and submit the necessary forms to reclaim your probate fees, ensuring all criteria are met for successful reimbursement.
• Sensitive and Empathetic Approach: We understand the profound impact of the Infected Blood Scandal and are committed to providing compassionate and understanding support throughout the entire process. We aim to alleviate the administrative burden, allowing you to focus on what matters most.

The Infected Blood Compensation Scheme aims to provide long-overdue redress. By seeking expert legal guidance, individuals and estates can ensure they receive the full compensation they are entitled to, including the reimbursement of necessary probate fees. Don’t hesitate to reach out for a confidential discussion about how we can help you navigate this process and secure the justice you deserve.