• March 29, 2024
 Wills and Probate Industry – Looking forward to 2021

Wills and Probate Industry – Looking forward to 2021

We have certainly had a turbulent ride in 2020 with the pandemic causing unprecedented chaos and disruption and changing the legal landscape.

Today’s Wills and Probate asked professionals and organisations in the industry their predictions for 2021 – and what they think will happen in the sector in the coming year.

Emily Deane, TEP, STEP Technical Counsel said:

“The COVID-19 pandemic has presented the private client industry with many technical and practical issues this year, which has caused an unprecedented surge in will making, court hearings have been held remotely, HMRC has extended its deadlines and affected legislation has been reviewed and amended. A significant change to the law this year was the implementation of temporary legislation to allow people to use a video link to witness a will being executed, if the physical presence of the witness is not feasible, by way of Statutory Instrument. Another sizeable shift was the centralisation of the Probate Service earlier this year followed by the subsequent amendment of the Non-Contentious Probate Rules to mandate the use of the online probate service for professional users. The industry has transitioned remarkably well to these changes albeit inevitably there has been some disruption.”

“As government and stakeholders continue to respond to issues that the pandemic is highlighting, we anticipate that further and more extensive reform is on the horizon. STEP is hopeful that the Law Commission will pick up the modernisation of the Wills Act next year that it initiated in 2018. It is also expected that the electronic execution of legal documents will become more mainstream as we move towards a more digitally modern landscape. We also look forward to working with the MoJ and the OPG on their project to modernise LPAs and the LPA making process next year, which will invariably include some new digital features. The key consideration for the government in 2021 is to maintain the right balance between incorporating the new technological options while continuing to protect members of the public, particularly the vulnerable, and provide robust safeguards.”

Louise Sackey, senior associate, IDR Law said:

“I think we are all hoping that 2021 will bring a degree of normality back to the profession and our lives in general.

“There are some good things that came from 2020, one being the greater acceptance of technology. This has meant that practitioners have saved time, money and the environment in reducing their travel to appointments by using platforms such as Zoom but it has also helped people achieve a better, more sustainable work life balance which I hope will continue beyond 2021.

“It is also clear that the pandemic has increased the public’s awareness of both wills and Lasting Power of Attorneys with the Wills, Probate & Trusts Market Report 2020 finding that the market grew in 2020 and is expecting further growth in 2021.

“On the downside we do expect that disputes regarding estates will continue to rise in 2021. Disputes are generally on the rise due to several reasons including people becoming more aware of the process and people becoming more financially reliant upon an expected inheritance.

“However, not only has the pandemic increased the death rate, which in turn increases the number of disputes, but the increase in awareness of wills may well have resulted in number of homemade DIY wills which often don’t meet the statutory requirements. There is also The Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 which allowed the remote witnessing of wills after 31 January 2020. There are concerns for wills witnessed via this method prior to 30 January 2020 but also that the method may result in an increase of fraud or undue influences cases given that the witnesses were not in the same room as the testator when the will was signed.

“Also, as people’s finances have been affected by the pandemic this may well result in an increase of claims under the Inheritance (Provision for Family and Dependants Act ) 1975.”

Claire Davis, Solicitors for the Elderly (SFE) Director & Partner at Howells Solicitors commented. She said:

“Planning for the future is undoubtably high on people’s minds as a result of this turbulent year. As a direct result of the pandemic, I have seen a rise in the number of clients who are now focusing on what they should have in place in case they get the Covid-19 virus and what would happen if they were sick for a long time or at worst died. In some ways, Covid-19 has brought into focus how important it is to plan for your later life, and this unexpected reflection has enabled people to take the right steps to ensure their wishes are properly executed later on.

“Discussing ways in which you can protect yourself and family have never been easier. Using telephone and video calls has proven to be less stressful for clients, and I have found clients to be more forthcoming about their lives, relationships and concerns in a way that they haven’t before. Now that they can have these conversations from the comfort of their own homes, office visits almost seem too formal now.

“These discussions are such an important process of writing a Will or a Lasting Power of Attorney (LPA). As solicitors, we need to uncover all information that could affect them. It is surprising how many people have family members they are estranged from or have mental health issues that need to be considered, for example.

“Another focus that solicitors working in Private Client Law will need to look out for in the upcoming year are issues around NHS Continuing Healthcare, Social Care assessments and Discharge to Assess. A considerable number of clients have rung me about their loved ones who were not able to be looked after in hospital and were put into care, or even sent home without care. The Covid Act 2020 has suspended the full operation of the Care Act and in Wales, where I live, the Social Services & Wellbeing Act. There are obviously some significant concerns here, and more advice will be sought over the proper assessment of care needs (will the person in question need to be cared for at home or in a care home), who pays for these fees and when charging is relevant.

“Another concern raised from this last year, which we expect to see the repercussions from in the coming years, will be from the many people who have tried to put their affairs in order themselves – using DIY tools such as the video signing of Wills or drafting their Wills without the specialist input of an SFE accredited lawyer. These are bound to generate claims against estates in the future, however, 2021 may be too early to see those effects.

“Lastly, there are some concerns over probate services that appear to be overwhelmed and we are dealing with significant delays in the obtaining of grants. The Probate Service considered it wise to completely alter the way we apply for probate in May and to now move towards the majority of solicitor probate application online. However, the website doesn’t seem to operate well and many SFE members are reporting problems and sharing their frustrations with the new system is not fit for purpose.

“Overall, Private Client work has become exponentially busy and we have all been considered “key workers” during the pandemic. Our workload will not be reducing in any way over 2021 as we see the continued fallout from the pandemic coupled with an increased awareness around the importance of getting your affairs in order and, of course, probate.

“Finally, it must be said that this year has revealed the importance of seeking professional support and using the services of those who have the knowledge and expertise in helping you protect yourself from the impact of the pandemic. This is paramount in protecting your future, in all matters relating to your health, finances and other legal requirements.”

Matthew Lagden, CEO at the Institute of Legacy Management added:

“2020 has been an incredibly difficult year for our members, but we are hopeful that 2021 will show some improvements in terms of charity legacy income.

“Although legacy income has been down in 2020, it looks likely that there will be signs of recovery in the coming year. One reason for this is the unfortunate increased death rate in 2020, but we are also optimistic that delays that have thwarted the probate process in 2020 should be resolved, at least in part, in the new year. We know that HMCTS and probate professionals have been working extremely hard to resolve these issues, and we are grateful to them for their hard work and transparency.

“Legacy income is vital in helping charities continue the excellent work they do across the UK and overseas, so an increase in charitable bequests will be extremely welcome news to our members and the charity sector as whole.”

Heledd Wyn, Director at GL Law further added:

“I think we will see Zoom calls with clients & wider family become the norm as it has allowed for families and professionals to have round table meetings with minimal fuss & time lost and it means that decisions can be more inclusive.

“Planning for an uncertain future will also be high on the agenda as expecting the unexpected has become the norm for many now.”

Bruce Cane, founder of Inheritance Data said:

“Whilst 2020 has been a very challenging year there has been a lot of ground-breaking development taking place. 2021 is going to be very exciting with dynamic companies set to shake up and revolutionise the probate and administration process, which for too long has been neglected by technology.

Inheritance Data will be expanding our range of online insurance backed financial asset searches, ensuring that Executors fulfil their duties and maximise the value of the estate, Exizent launching its unique cloud-based bereavement platform for managing probate and confirmation, bringing tight, accurate, control of the process and Settld working to make end of life administration simpler by reducing the amount of paper and communication necessary, ensuring that the bereaved are less stressed.

“All these services will be a huge step forward in speeding up and making the whole probate process easier for both the professional probate practitioner and the bereaved. Using the latest technology, it will give the industry a huge boost; reducing costs and making the journey for the bereaved a little easier.”

Dave Newick, Managing Director of Arken also said:

“2021 will be what we make it. In 2020 we proved our resilience and our ability to accept change. I hope that 2021 is the year that we actively seek change and ‘weaponise’ it to make practices as efficient and agile as possible.

“We expect that there will be some divergence in the market between those firms who have adopted technology and those who aren’t as far along on the adoption curve, while we can also expect that there will be some continued pressure on prices and new digital players targeting millennials and chasing ‘The Great Wealth Transfer’.

“I also hope that practices would start to think about the need to have fingertip control of their businesses through analysing core metrics to drive growth and profitability as that is going to be increasingly important.

“Perhaps the most significant aspect will be firms finding the sweet spot of the nexus between technology and human interaction. That is, finding efficiencies to allow more focus on high value tasks such as spending time with vulnerable clients or clients who need empathy and understanding as this Covid journey is likely to impact us throughout 2021 and into 2022.”

Jade Gani, solicitor and head of wills and probate team at Aston Bond said:

“Well, what a year! Probate practitioners have certainly had their hands full, not just because of the global pandemic, but also in dealing with an ever-shifting probate landscape. Though it has certainly been a challenge, I believe that 2020 has brought many of us closer together through technology whilst we are kept apart for our health. I anticipate that 2021 will have its own challenges to overcome, though I am hopeful that the landscape will start to settle by this time next year.

In particular, we know the online probate portal mandatory submission deadline has been delayed until the New Year and I suspect that, unless HMRC rectify all the (very many) teething issues they have had, they may need to extend this deadline again. I also would not be surprised if dormant talks of increased probate fees and/or changes to the IHT regime are resurrected, given the strain HMCTS have been placed under and the far-reaching financial implications the pandemic has had on the country.

Undoubtedly, effective use of technology has been a life-line to many businesses this past year and, as we change our own practices and processes to utilise technology more, it is likely the drive towards paperless systems will continue next year. There are likely to be many discussions about digital Lasting Powers of Attorney and/or Wills still to come, but I don’t expect them to be welcomed-with-open-arms by much of the community who remain concerned about capacity and duress when relying on technology alone.”

Jon Franklin, Economist at Legacy Foresight further added:

“The impact of administrative delays at probate has been a huge obstacle for many charities in 2020.

“The probate service recently outlined its plans for clearing a backlog of approximately 29,000 cases awaiting probate. When coupled with the spike in the number of deaths (from both COVID-19 and other causes), charitable bequests are likely to peak in 2021, and may be up to 50% higher than in 2020.

“If the backlog at probate is cleared, we could see the demands on legacy administration teams at record levels too. Charities need to think about how they can respond to that at relatively short notice.”

Rob Cope, director of Remember A Charity also added:

“2020 has been a hugely challenging year, but also one of great reflection – reassessing our own priorities and what’s really important to us. It has also been a year when the work of good causes has come into even greater focus, as people have seen first-hand the vital work that charities continue to do for families and our communities. I predict that in 2021 we will continue to see more people writing and updating their will, as we saw in 2020, but we will also more and more people choosing to leave a gift to their favourite charities, as well as loved ones. We will also see far more collaboration between the charity and legal sector, as we recognise the growing importance of working together to ensure everyone has an up-to-date will.”

Ben Furlong of Estatesearch further commented. He said:

“The events of 2020 have accelerated innovation and the uptake of technology across the private client sector, and I think we’ll continue to see a rapid pace of change throughout 2021. There’s a growing number of legal technology start-ups looking at the private client space and addressing challenges, I think the number of providers and solutions will continue to grow and I’m excited to see how these solutions evolve and start to link to one another as we’ve previously seen in the conveyancing industry. I’m also interested to see who might be the bravest person to host the first ‘in person’ conference or seminar and wouldn’t be surprised to see some summer events hosted outside.”

Toni Ryder-McMullin

Toni is the Media Officer for Today’s Conveyancer, Today’s Wills & Probate and Today's Family Lawyer. I worked for a law firm for 16 years, during my time at the firm I worked as a company commercial legal secretary for 7 years but changed careers and moved into marketing for the remaining 9 years – where I covered all aspects of marketing. While in the marketing role, I achieved a CIM Professional Certificate in Marketing and CAM Diploma in Digital Marketing.