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Wills & Probate

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Average wait times for probate are now just over four weeks, HM Courts and Tribunals Service data published this week shows. 
Amanda Smallcombe examines success fees in claims under the Inheritance (Provision for Family and Dependants) Act 1975
The government has dropped its plans to digitise historic wills and destroy the original paper copies, following ‘strong opposition’ from the public.
Lawyers have welcomed the Supreme Court’s unanimous decision that success fees are not covered by ‘financial need’ provisions in wills disputes
The value of the wills, trusts and probate market has risen 7% since last year to an estimated £2.81bn, according to the latest annual market report by IRN Legal Reports

A dying woman successfully completed a deathbed revocation of her will after nodding at her solicitor to ask for her help in tearing up the document. 

It’s time to improve the Office of the Public Guardian register, writes Ann Stanyer
A recent judgment gave much-needed clarification on costs in probate cases, write Chris Bryden & Ben Haseldine

Probate delays have decreased, with the average time for the application process reducing from 14 weeks last July to 9.3 weeks this July, according to HM Courts & Tribunals Service figures published this month

The Council for Licensed Conveyancers (CLC) is consulting on changing the Legal Ombudsman levy on firms so firms that generate complaints pay 50% of the cost, rather than the current 30%
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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
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