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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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