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 […]
Video Will Witnessing: What happens next?
The Law Society of England and Wales has launched a survey to inform its response to future consultations on extending the witnessing of wills via video beyond the end of January 2022. In July 2020 the Ministry of Justice announced that temporary legislation would be enacted to legalise the witnessing of wills via video in […]
HMRC announces update to return of estate information process (IHT205)
Due to measures put in place to help stop the spread of Covid-19 HMRC has changed the way they deal with Inheritance Tax returns. If a person died on or after 6 April 2011 and the estate is unlikely to pay Inheritance Tax use of an IHT205 form is required. Until further notice, HMRC will […]
Will-making is about to go back in time to 1837
Changes to the law due to come into effect in January are set to transport the world of wills and probate back in time to 1837. No, not 1987; all the way back to 1837. Let me explain. The Covid pandemic saw an increase in Will writing demand but social distancing rules, shielding and self-isolation […]
Law Society comments on SRA 21/22 business plan
The Law Society president I. Stephanie Boyce has backed the Solicitors Regulation Authority’s (SRA) 2021-2022 business plan and budget, and reiterated the joint key priorities for the Law Society which include anti-money laundering (AML), diversity, inclusion, technology and innovation, “We are pleased to see the SRA is prioritising its work and resources on its core regulatory […]
Technical Corner: Common Reporting Standard and Filing Issues
Our ‘Technical Corner’ brings you information that will help you to continue to grow and develop in your career. This month’s technical corner article comes from Emily Deane TEP, STEP Technical Counsel. If you have any questions for our panel of experts, please submit them using the contact form below. We will publish the questions […]
Recovery of Success Fees in the context of claims for Financial Provision under the Inheritance (Provision for Family and Dependants) Acy 1975 (“IPFDA”)
Many people who bring a claim seeking an award of financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (IPFDA) live in necessitous circumstances and cannot afford to pay a lawyer to provide them with legal advice and assistance. Accordingly, they are often empowered to bring a claim by entering a Conditional […]
Proposals to modernise LPAs and the risks in safeguarding
The Ministry of Justice (“MOJ”) published a consultation paper – “Modernising Lasting Powers of Attorney” – on 20 July 2021. The consultation sets out seven proposals to modernise Lasting Powers of Attorney (“LPAs”) and considers what changes to the law may be needed. Role of the witness One of the stated aims of the consultation […]
Assisted Dying Bill passes second reading
The private members Assisted Dying Bill cleared its second reading in the House of Lords on Friday. Introduced by Baroness Meacher in May 2021, the bill seeks to provide greater clarification over the issue of euthanasia in the UK. Currently euthanasia is illegal in the UK under The Suicide Act 1961 which makes it a […]
Unbundling has “untapped potential” states LSCP
The Legal Services Consumer Panel has concluded that legal unbundling services should be promoted more proactively in a bid to reduce scepticism and encourage more firms to offer the service. Defined as “the separation of tasks within a package of legal services between the consumer and the legal service provider” in which the two parties […]
Assisted Dying Bill has second reading in the Lords
The assisted Dying bill will have its second reading in the Lords today, giving peers the opportunity to discuss and debate the main principles governing the proposals to change a person’s right to die. Introduced as a private member’s bill in May of this year by Baroness Meacher, a cross bench peer, the bill proposes […]
LSB Launches survey to explore Will Writing regulation
The Legal Services Board (LSB) are conducting research to better understand the legal services market which is not covered by the regulators they oversee. The survey has been launched alongside the Society of Willwriters (SWW) and explores the services will writers offer, how those services are resourced and the businesses are structured. The survey is […]
CILEx Regulation approved to regulate ACCA Accountants for Probate
CILEx Regulation is delighted to announce that the Legal Services Board has approved its application to provide ongoing legal regulation to ACCA accountants delivering non-contentious probate services. Following the decision by ACCA earlier this year to withdraw as a legal services regulator, this approval will ensure consumers remain able to access probate services from qualified […]
Landmark ruling allow claimant to recover “Success Fee” from father’s estate
A Court of Appeal ruling passed down today has confirmed that the “success fee” element of conditional fee agreements (CFAs) can be recovered as part of an award under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act). The landmark ruling provides certainty to private client practitioners acting for claimants in difficult […]
Success Fee Recoverability in Inheritance Act Claims
The appeal in the case of Hirachand v Hirachand & Anor (“Re H”) has been eagerly awaited by those who work in the Contentious Probate field; a landmark decision in relation to the recoverability of success fees from opponents under a Conditional Fee Agreement (“CFA”). Following a run of cases where the issue has been […]
