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10 May 2012
Issue: 7513 / Categories: Legal News
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Inheriting problems

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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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