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Inheriting problems

10 May 2012
Issue: 7513 / Categories: Legal News
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Solicitors & probate lawyers lose out on bulk of probate market

Solicitors and probate lawyers are losing out on the bulk of the probate market, while DIY wills, intestacies and wills without executors are on the rise.

Only 44% of grants of probate in 2011 were issued to lawyers, while the rest were issued to private individuals, according to Probate Service data. Solicitors may be involved at a later stage in many of those grants issued to private individuals.

Some 15,500 wills failed to appoint an executor or the executor had died or was unable or unwilling to administer the estate—five per cent more than in 2010. An increasing number of people are dying intestate each year—nearly one in five
in 2011.

In April, the Legal Services Board (LSB) announced plans to regulate will-writing and estate administration.

However, Kevin Cole, head of research at probate and people-tracing specialist Title Research, says: “The LSB’s plans to regulate estate administration will not affect the vast majority of people who don’t use a probate service provider to administer an estate.

“The

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
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The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
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