Legal Services Board unveils interactive map and research to drive action to enhance legal sector diversity
The Legal Services Board (LSB) has released an interactive map and two reports aimed at understanding and addressing the barriers that stop people from pursuing a successful and fulfilling legal career, regardless of background or circumstance. The map and report identify specific stages in lawyers’ careers where barriers can prevent some groups of people from […]
“Unregulated” moniker unhelpful for consumers
The debate around the terminology used to describe unregulated will writers has been reignited by an article published on Today’s Wills and Probate in which a solicitor suggests consumers who have their will written by an unregulated will providers are “depriving themselves of quality legal advice.” The comments were made in an article on Today’s […]
First firms certified with GDPR compliance standard
A pilot scheme launched to provide law firms with a better understanding of General Data Protection Regulations (GDPR) and demonstrate compliance with its obligations has seen the first firms certified. The Legal Services Operational Privacy Certification Scheme (LOCS:23) is the first sector-wide GDPR certification standard for legal service providers and their solution partners. The standard […]
CMA launches draft guidelines for willwriting, online divorce and prepaid probate
The Competitions and Markets Authority have announced the first part of their response to the investigation into unregulated businesses which provide will writing, online divorce, and pre-paid probate services in the UK. In it the CMA outline its views on protecting consumers and warns firms that non-compliance could result in further penalties. Draft guidelines specifically for […]
1 in 3 firms compliant with AML regime – SRA annual report
The latest Anti-Money Laundering (AML) annual report from the Solicitors Regulation Authority (SRA) has been released, detailing the regulator’s stance and approach to AML regulation for law firms. In it, the SRA warns that it is increasing its focus to “ensure that all solicitors understand and meet the obligations of the financial sanction regime.” Over […]
Professional Standards Board sharpens “blunt stick”
The Professional Standards Board (PSB), the committee set up to provide oversight and governance for The Society of Will Writers, has strengthened its remit in an effort to beef up consumer protection, consumer confidence and professional standards. In a recent podcast with Today’s Wills and Probate, Nick Ash, Managing Director of W&P Legal Services and […]
Review of “obstructive and costly” SLAPPs
The Law Society of England and Wales is joining forces with media and other legal sector bodies to tackle the rise of Strategic Lawsuits Against Public Participation (SLAPPs) which stifle freedom of the press to report on critical stories. Often associated with the extremely wealthy, SLAPPs are being used to prevent information being released into […]
“Misleading” lifetime mortgage promotion damaging consumers
A review of the lifetime mortgages market has revealed that “misleading promotions” and “poor advice” is contributing to unfair and potentially damaging outcomes for consumers. The Financial Conduct Authority (FCA) has laid bare its expectations on lifetime mortgage providers where it has found evidence of poor practice including Little investigation of income and expenditure Failing […]
New membership body for estate practitioners launched
Thursday 6th October saw the formal launch of a new membership body for estate planning practitioners. Delayed since the Summer due to train strikes and the August holiday exodus, the launch event for the recently founded BEST Foundation was hosted at Worton Hall, Oxford. BEST, which stands for British Estate and Succession Trust Planning Practitioners, […]
Tips and traps in probate property valuations
In this latest podcast Today’s Wills and Probate podcast host David Opie is joined by RICS Surveyor Bill Wilkinson to discuss property valuations and imparts his expertise on how important professional “red book” valuations are when taking into consideration the tax implications. In the podcast Bill discusses the difference between a Surveyors and an estate […]
Technical Corner: digital assets, personal property law and “data objects”
Technical Corner, 5th August 2022 – Emily Deane TEP, STEP Technical Counsel & Head of Government Affairs The Law Commission of England and Wales published a new consultation paper on 28th July. It seeks views from legal and technology experts in order to examine how existing personal property law should apply to digital assets. The UK […]
Digital probate: a significant step forward?
Joe Cobb, Partner and Head of Department in Wills, Trusts and Estate Planning at JMW Solicitors, offers his view on the challenges faced by the digital probate system, and how it could be improved moving forward in 2022. The UK Government’s digital probate system has developed significantly since its public offering commenced in January 2019. […]
Regulation, Regulation, Regulation…
In this latest episode of The Today’s Wills and Probate podcast host David Opie is joined by Director General of the Society of Will Writers Anthony Belcher. Recorded just before the latest announcement by the Legal Services Board that there is no intention to review unregulated legal services at this time the podcast explores what […]
FCA confirms provisional list of regulated funeral plan providers
Ahead of the deadline for regulation of the funeral planning market on 29th July, the Financial Conduct Authority (FCA) have released a provisional list of approved providers it intends to authorise. As of Friday 17th June, just 24 firms are proposed to be regulated, making up c.87% of the market according to the FCA. It […]
SRA: views wanted on pre-paid funeral plans
Solicitors involved in pre-paid funeral plan work – and the wider public – are being asked for their views to help shape the approach of the Solicitors Regulation Authority (SRA) in dealing with new rules in this area. The Financial Conduct Authority (FCA) will be introducing new rules concerning pre-paid funeral plans from July […]
Safe Hands Plans: administrators warn customers will not be repaid
Administrators acting for the failed funeral plans provider Safe Hands Plans has revealed that it is not in a position to repay the £64m it needs to customers. FRP, the administrator acting for the Wakefield-based Safe Hands Plans, says that its 47,000 customers should not expect payments and will instead be left with worthless plans […]
Digital legacies: the state of affairs
Dr Ritesh Chugh of Central Queensland University, Australia, says you should “prominently engage in planning for your digital legacy”. A digital legacy may sound like a term used only by those of the technological avant-garde, but to many practitioners it is a very real issue – and Parliament is taking notice. According to the Digital […]
Government announces consultation on MCA Code of Practice
The government is consulting on the proposed changes to the Mental Capacity Act 2005 (MCA) Code of Practice, which includes guidance on the new Liberty Protection Safeguards (LPS) system. The consultation is also seeking views on the LPS regulations, which will underpin the new system. The MCA applies in England and Wales, but some aspects of its […]
Could cyber regulation for IT service providers be introduced?
Third party IT service providers could be required to follow new cyber security rules such as the National Cyber Security Centre’s Cyber Assessment Framework as part of new proposals to help businesses manage the growing cyber threat. A consultation by the Department for Digital, Culture, Media and Sport (DCMS) looked into the security of digital […]
Consultation on Small Payments Scheme
The Ministry of Justice has launched a consultation to review third party access to funds belonging to those who lack mental capacity without the need to get permission from the Court of Protections. The consultation has been launched following concerns over the “length and complexity” of the Court of Protection process, citing a “disproportionate and […]
