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Inheriting problems

10 May 2012
Issue: 7513 / Categories: Legal News
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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

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NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
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