Diamond Market Reality Check: Why 2025’s Probate Valuations Look Different
If you’re working on a probate case with diamond jewellery in 2025, don’t be surprised if the valuations look different to last year’s. The diamond market has shifted sharply, and not in favour of sellers. Executors expecting a windfall from inherited jewellery may need a reality check. Here’s what’s changed, and why valuations this year […]
The Second Principle of The Mental Capacity Act – Supported Decision Making
In Section 1(2) of the Mental Capacity Act (MCA) it states the following: “A person must be assumed to have capacity unless it is established that he lacks capacity”. This principle therefore focuses on supporting individuals to make their own decisions whenever possible and is often shortened to the phrase ‘Supported Decision Making’ – but […]
Who Gets the Dog? The Changing Role of Pets in Divorce Settlements
When couples separate, much of the focus tends to be on dividing financial assets and property. But one issue is increasingly taking centre stage in divorce cases: who gets to keep the family pet? Historically, English and Welsh law has treated pets as “chattels” – in the same legal category as a piece of furniture […]
Is it time for a new ‘Tsar’ to champion the fair treatment of consumers in probate cases?
Consumers’ experience of probate is almost universally poor, the process unnecessarily complicated, and the outcome often unfair. And while the bereaved have a single route to notify public sector organisations of a death through the Government’s ‘Tell Us Once’, the lack of any similar universally agreed process for the private sector is contributing to a […]
Early Bird Entry for British Wills and Probate Awards 2025
The British Wills and Probate Awards, known as the ‘Oscars of the Probate World’ is back with a new Headline Sponsor for the 2025 event. Arken.legal have been confirmed as the Headline Sponsor for the 2025 awards which will be hosted in Manchester on 9th October 2025. Entries open today (4th April 2025) for the […]
FCA needs to get ‘joined up on the property wealth’
Key Later Life Finance, equity release adviser, said that the recent speech by Financial Conduct Authority Chief Executive, Nikhil Rathi, is “hugely encouraging” with its focus on later life lending and property wealth. Will Hale, CEO Key Advice said that the FCA needs to extend its Advice Boundary Guide Review to include later life lending […]
Probate solicitors demand major overhaul of probate and inheritance process that is failing consumers
Probate intermediaries believe their clients are being treated unfairly by the system and are poorly served by the processes and platforms designed to help them, according to The Estate Registry. They stated that reform is now urgently needed, with a call for the banks, energy firms and other service providers to have more dedicated bereavement […]
Its not all about the Wills Bill 2025
Approximately 42% of marriages in England & Wales end in divorce, based on recent statistics from the ONS. For civil partnerships, the dissolution rate is marginally lower. This means that those marriages and civil partnership that don’t end in divorce, annulment or dissolution end with the death of one of the parties. In short, once […]
Strategically navigating a consolidating estate planning market
Arken Group CEO Dave Newick joins the Today’s Wills and Probate Podcast to discuss the output of a recent report published by Arken looking at the current landscape of the private client sector. The podcast focuses on three key discussion points borne out of the report; law firms and professionals need to be; better at […]
Will Disputes Involving Autistic Individuals: Legal Considerations for Practitioners
More than one in 100 people in the United Kingdom are autistic, with an estimated population of over 700,000 autistic adults and children. Given this significant demographic, it is increasingly likely that legal professionals practising in the field of Wills, Trusts and Probate will encounter cases where autism is a material factor – either in […]
Charitable gifts in wills most prevalent among younger will-makers
Our latest consumer tracking research is out today, revealing some fascinating insights into the latest Will-writing and legacy giving market trends. Here, we summarise some headline findings that could be of interest to you as solicitors, Will-writers and other professional advisers. Key findings For 15 years, we’ve been tracking public attitudes to charitable Will-writing from […]
It’s time for the law to allow electronic wills
It’s not a matter of if, but when there will be a shift in the law to allow wills to be signed electronically. A new bill due for publication next month should make the situation clearer, and there is an opportunity here for the government to take bold steps towards modernising this important area of […]
There is a Caveat – so I can’t get a grant and I can’t administer the estate
We increasingly hear from Private Client practitioners that they are unable to obtain a Grant of Probate because a Caveat has been registered which prevents the Grant being issued. Often practitioners don’t even know that a Caveat has been registered until they make an application for a Grant of Representation and find that the application […]
What you need to know about Islamic wills
In this Today’s Wills and Probate Podcast, host David Opie sat down with Mariam Khan, Solicitor at WMP Legal, to discuss the complexities of Islamic wills and estate planning. Many will writers and solicitors do not have the expertise to draft wills that align with both English law and Islamic inheritance principles. Mariam Khan has […]
Rewriting Retirement: The Impact of Pension Sharing Orders on unemployed women
This year marks the 25th anniversary of pension sharing orders in this country. While this date may not loom large in many calendars, this date marked a fundamental shift in family law. Unfortunately, despite their usefulness, pension orders have not become widespread. A 2021 Manchester University report highlighted the difficulties pensions can cause as part […]
Celebrating 20 Years of Free Wills Month: Helping Clients Secure Their Future While Supporting Charities
This March, Free Wills Month returns, giving individuals aged 55 and over the opportunity to write or update a simple Will at no cost. Some of the UK’s most beloved charities are collaborating with local solicitors to offer this invaluable service, encouraging people to consider leaving a legacy gift while ensuring their affairs are in […]
The First Principle of the Mental Capacity Act – The Presumption of Capacity
As practitioners in the Will writing space, you will all be familiar with certain caselaw, such as Banks v Goodfellow. However, what some may not realise is that the 5 principles of the Mental Capacity Act are also highly relevant when it comes to your practice. Over the next few months, I will be exploring […]
Life in the law – have your say before 21st March 2025
Podcast host David Opie is joined by CEO of the charity LawCare, Elizabeth Rimmer, to discuss their latest “Life in the Law” surveys which are now open for completion until Friday 21st March. LawCare supports and promotes mental health and wellbeing across the legal services sector. They have 2 main focuses. Their first is in […]
How careless will drafting can tarnish a legacy
The most perfectly drafted will becomes invalid, and therefore worthless, if it is improperly executed. A recent case illustrated the vital importance of following the correct procedures when executing a will. It also raises wider questions about the quality of some unregulated will writing services in the UK today. An unregulated will drafting business, Legal […]
“Delegate Now to Supercharge Your Profits”
The Today’s Wills and Probate Podcast welcomes back Dan Warburton, a law firm consultant and trainer who specialises in helping individuals delegate work more effectively; in the process junior staff are elevated, the individual has a happier work/life balance, and ultimately the firm can be more profitable. It’s a soapbox Dan has jumped on before […]
