header-logo header-logo

The rise of the (probate) machine

21 February 2019 / Andrew Wilkinson
Issue: 7829 / Categories: Features , Wills & Probate , Technology
printer mail-detail

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

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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll