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21 February 2019 / Andrew Wilkinson
Issue: 7829 / Categories: Features , Wills & Probate , Technology
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The rise of the (probate) machine

Andrew Wilkinson considers the pros & cons of embracing 21st century technology

  • The Probate Registry now accepts online probate applications, following a successful trial in 2017.
  • But what has finally dragged the Probate Registry into the 21st century? And what does it mean for solicitors? Moreover, is it a sign of more to come?

The probate process usually involves the swearing of the oath, which means an appointment with another solicitor (or commission for oaths). You pay the fee (typically £7), recite some fairly undecipherable wording with your hand on the Bible (or alternative religious book). The solicitor signs and stamps their details, and the documents get sent off to the post. But not for much longer. The Probate Registry has realised that the swearing of oaths is an archaic and quite frankly pointless process, only serving to give solicitors a greater sense of their own importance. Instead, the Probate Registry now allows documents to be verified by a statement of truth—a simple acknowledgement that the document is

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MOVERS & SHAKERS

Trowers & Hamlins—Rahul Sagar

Trowers & Hamlins—Rahul Sagar

Banking and finance practice bolstered by partner hire

mfg Solicitors—Ian Sheppard

mfg Solicitors—Ian Sheppard

Commercial litigation team welcomes senior associate in Birmingham

Birketts—Nathan Evans

Birketts—Nathan Evans

Commercial and technology team in Cambridge strengthened by partner hire

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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