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30 October 2014 / Celia Fraser
Issue: 7628 / Categories: Features , Wills & Probate
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Future-proof

Probate practitioners need a reality check, says Celia Fraser

Solicitors specialising in probate work may have suffered a few sleepless nights over recent years. The potential significant threat to their instruction levels from new market entrants presaged a deluge of competition. This onslaught has apparently yet to materialise to game-changing effect, with the number of solicitor applications for grants of probate remaining fairly static.

However, what has been a slow stream of alternative probate offerings may soon gather momentum. Not least because of the recent finalisation of legislation which will allow the Institute of Chartered Accountants in England and Wales (ICAEW) to position their members on a more equal footing to solicitors in this field. According to the ICAEW, around 250 accountancy firms have already registered an interest in accreditation.

This, alongside other more unregulated services and the continually high numbers of individuals handling probate themselves must be important factors behind The Law Society’s current high-profile advertising spend on promoting the benefits of using its members. Even if they aren’t feeling the full pressures yet, they

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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