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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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