Despite the steady advance of technology into our everyday working lives, many probate professionals still find themselves bogged down in administrative tasks that can delay estate administration. As client expectations shift and digital assets become the norm rather than the exception, how well prepared is the sector to embrace the realities of a ‘modern’ death?
Probate solicitors will be familiar with common issues. Chief among them is the absence of proper preparation from clients before death. It’s a familiar story; planning for a death – in the minds of some people at least – is too macabre and may even precipitate a death from occurring. While we all know this is total nonsense, it’s a mindset that still prevails.
For solicitors, failing to plan inevitably causes problems. Any lack of clarity can mean hours of time spent locating information, verifying who owns what, or resolving disputes among beneficiaries. The consequences aren’t just inefficiencies; they add emotional and financial burdens on grieving families.
The Cost of Unpreparedness
Many people still die without a valid will, or with outdated documents that no longer reflect their circumstances. For probate solicitors, this often results in long delays, as intestacy rules are applied or conflicting claims arise. Even when a will does exist, practical problems remain. Executors may have no access to key documents, account details, or even knowledge of all the assets held – especially when those assets are digital.
From forgotten pensions to unclaimed cryptocurrency, ‘asset discovery’ has become a significant burden, and almost an industry in itself. Solicitors are left to piece together the estate from a jigsaw of paperwork, emails, or financial statements that may never tell the full story. Increasingly, estates include assets held purely online – from banking apps to online investments – for which no physical record exists.
This is where digital legacy planning tools can really help.
A Centralised, Secure Alternative
Digital ‘lock boxes’ – secure, cloud-based platforms where individuals can store vital information about their estate – offer a proactive solution. These platforms allow users to document and regularly update their assets, liabilities, digital accounts, legal documents, and personal wishes. Crucially, they also enable controlled access for trusted individuals, such as executors or solicitors, upon death.
For probate professionals, this offers a clear benefit. It affords them faster access to validated, accurate information. Instead of starting from scratch, solicitors can begin the process armed with what is essentially a central ‘source of truth’, including up-to-date wills, insurance details, contact information for banks and other financial institutions, and an inventory of essential assets.
It’s not just about speed. These tools help take away some of the emotional stress on families, who otherwise face the trauma of searching through drawers, guessing at passwords, or otherwise attempting to decipher confusing financial arrangements. They also support solicitors in meeting their regulatory obligations, offering secure audit trails and document verification that reduces their compliance risk.
Are Solicitors Ready?
While the benefits are clear, the legal industry has historically been cautious in adopting new technology, and understandably so. Concerns around confidentiality, cost, and the ease with which any new technology can be integrated into the process have long delayed innovation in this space. But change is happening.
Many firms already use digital ID verification, client onboarding platforms, and encrypted communication tools for signing legal documents (what did we do before Docusign?). Legacy planning is a natural next step. Platforms can integrate with existing case management systems or operate as a secure customer-facing resource, allowing solicitors to support their clients through life as well as death.
Consumers increasingly expect digital convenience. Younger generations and even older clients are becoming more comfortable with managing their financial and legal affairs online. Probate solicitors who can recommend or work alongside digital planning tools may find themselves offering a more comprehensive, future-proof service.
Probate work is, at its heart, about protecting families when they are possibly at their most vulnerable. As estates become more complex and digitised, tools that make the process simpler and more secure are not just helpful, they’re essential. Digital legacy tools are not a replacement for legal expertise. But they are a valuable ally.
Phil Hickson is SVP, Global Partnerships at The Estate Registry
