The Lord Chancellor, Chris Grayling, has formally approved the right of chartered accountants and legal executives to offer non-contentious probate services in England and Wales without using a solicitor. The move follows recommendations made by the Legal Services Board in December 2013. Legislation is now being prepared under the Legal Services Act 2007 and will be put before Parliament.
The incentive behind the plans is to offer consumers more choice, potentially reduced costs and generally to increase competition in the field, and this is to be welcomed. However, as Paul Levy, a solicitor in the Private Client team at Wedlake Bell points out, we are concerned that widening the market may not always be in the best interests of consumers:-
"Getting a grant of probate may not be too complicated at times, but often consideration needs to be had for other areas surrounding the process. The technical expertise of solicitors enables executors to have access to potential tax planning opportunities that would otherwise be missed."
You can read more on the announcement and Paul's comments in full in this article first published in Private Client Adviser (www.privateclientadviser.co.uk).
"Legal executives to undertake probate and conveyancing services" – article in Private Client Adviser
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