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31 March 2023
Issue: 8019 / Categories: Legal News , Wills & Probate , Profession
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NLJ this week: Probate—how creative practitioners can avoid it

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The process of obtaining probate can be a headache and a cause for despair, but what if there were an alternative? 

Ann Stanyer, partner at Wedlake Bell, writing in this week’s NLJ, suggests it may be ‘time to rethink’ whether a grant of representation is necessary and whether, instead, clients’ affairs could be structured in a way to avoid the probate process.

Stanyer sets out alternatives—for example, most high street banks are prepared to release up to £50,000 or more in some circumstances, without a grant of representation. She also looks at trusts and transfers of estate for high net worth individuals.

Stanyer concludes that while, the need for the grant will continue for complex estates, ‘practitioners need to be more creative in advising clients about how to avoid the need for a grant of representation for a straightforward estate’. 

Read more about the alternative options here.

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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