header-logo header-logo

10 May 2012
Issue: 7513 / Categories: Legal News
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
back-to-top-scroll