Today's Wills & Probate Podcast

What is the current sentiment across the profession around wills, probate, client experience, speed of administration, attitude toward financial services... that is the topic of the latest Today's Wills and Probate which delves into the recently published "Bereavement Index"; an annual report tracking the key issues facing individuals and firms dealing with the administration of death.
It is a "state of the nation" says Aleks Tomczyk, the report's author and co-Founder and Managing of Exizent, covering three key areas of death administration; the individuals and families going through bereavement; the legal profession; and financial services.
This latest version of the report, which is now in its 4th year, covers the attitudes of legal professionals, identifying a marked increase in the percentage of legal firms who think the probate process is "slow and inefficient"; which has increased from 67% in 2022, to 94% this year.
In the first part of this year's report, released earlier in 2024, reassuringly for the profession, 94% of people who turned to a professional for help, would do so again. So, says Tomczyk, the profession is doing something right! But inefficiency and capacity are major issues for firms.
57% of respondents said government need to be better; with delays at HMRC and HMCTS, not to mention the Probate Registry, a constant frustration. And that frustration is increasing, with over 65% of respondents saying they believe probate cases are delayed more than 50% of the time, compared to 39% in 2023.
And then firms themselves could be looking inwardly at investment in dedicated software and technology which will reduce admin. "Software is good at that stuff", say Tomczyk, "putting in information once and using it multiple times to populate court forms and estate accounts for example."
And technology has a huge role to play in the recruitment and retention of talent who are, says Tomczyk, digital natives, regaling a story from a recent university presentation where the room was filled with laptops and tablets, not pen and paper, for note taking.
The report is a fitting end to the latest series of the Today's Wills and Probate Podcast with some useful thoughts and takeaways for firms to think about into 2025 and beyond. The latest report can be downloaded via this link.
The Today's Wills and Probate podcast is available on your preferred podcast provider, and at www.todayswillsandprobate.co.uk. Subscribe today to hear all the latest news and views across the wills and probate sector.

Today's Wills and Probate Host David Opie is joined by Birketts' Head of the Private Wealth Dispute Team Bernadette Baker and Partner in the team Kate Harris to discuss the case of Leonard v Leonard; a convoluted and disputed probate case concerning the estate of Jack Leonard and the validity of two separate Wills.
Bernadette leads with a comprehensive outline of the case, including considerations for Jack's blended families, his extensive business interests and in later life, failing health.
Kate picks up the details of the disputes which found the later Will, written in 2015, was not valid due to Jack's lack of testamentary capacity. But the case is important for practitioners for a number of reasons

• This case confirmed Banks v Goodfellow is still the correct test for testamentary capacity and has not been displaced by the Mental Capacity Act 2005
• Importantly the case re-affirms the test for the validity relates to the understanding of the Will being written; not just the concept of writing a Will.
• Long term illnesses WILL impact testamentary capacity; as opposed to shorter, episodic illness

The discussion also explores the impact of technology on this case, with Bernadette acknowledging in all likelihood there was evidence on Jack's phone and email accounts that would have been useful in the case; but the inability to access such information meant the evidence was lost. There is a message here for practitioners around advising clients on the ability of their loved ones to access electronics and accounts (like mobile phones) when they are gone.
A fascinating insight into the ramifications of a case that was widely reported on in the national and industry press from the team who successfully brought the case to the courts.
The Today's Wills and Probate podcast is available on your preferred podcast provider, and at www.todayswillsandprobate.co.uk. Subscribe today to hear all the latest news and views across the wills and probate sector.

Helen Stewart, Partner and Head of Probate at Thomson, Snell & Passmore joins the latest Today's Wills and Probate Podcast to discuss the launch of a new association to support collaboration and best practice amongst independent administrators (IAs) and estates in conflict.
The National Association of Independent Administrators (NAIA) brings together contentious and non-contentious practitioners in disputed estate administration work.
The work of IAs is important, says Helen, citing figures that show there are 10,000 disputed estates annually. In 2021/22 195 disputes ended up in the courts, up from 145 in 2017 - and these numbers don't include estates settled out of court.
We know contentious matters continue to be on the increase so it made sense to introduce an opportunity to share ideas, best practice, collaboration and referrals amongst practitioners. There is also a need for the work of IA's to be better known and understood; a key objective of the NAIA
Helen discusses her introduction to IA work and how the group has fostered a community of professionals with shared expertise, supporting one another through pooled experience.
Formal submissions are required and membership criteria is laid out in the developing constitution. For those interested in finding out more about the NAIA, whether for membership or referrals, you can contact Helen Stewart on [email protected].
The Today's Wills and Probate podcast is available on your preferred podcast provider, and at www.todayswillsandprobate.co.uk. Subscribe today to hear all the latest news and views across the wills and probate sector.

Ashley Rowthorn, CEO and Kath Horsley, Senior Consultant at Legacy Futures join the Today's Wills and Probate podcast to discuss their latest piece of research on the investment charities make in their marketing.
The Legacy Marketing Benchmarks report provides insight into

1. helping charities understand what legacy marketing is
2. enable charities to benchmark their spend
3. helping charities make a business case for securing investment into legacy marketing

Legacy Futures is on a mission to help charities grow their legacy gifting. In the last year around £4bn was donated to charity through wills; a figure which has quadrupled since the 1990s. And the number of charities benefitting continues to grow, with c. 10,000 the beneficiary of legacy gifting last year.
Ashley and Kath highlight the critical role practitioners play in encouraging people to write charity gifts into their wills. The report itself asks charities

1. how much are you spending on legacy marketing
2. how many people are involved
3. what channels are you investing in

recognising legacy gifting marketing is difficult to quantify, often because of the time between writing a final will, and death (c. 7 years). Legacy Benchmarking also looks at the conversion rate between pledges and money being left to charity and helps charities to understand which channels are most effective and offer the highest return on investment.
Ashley is keen to debunk any moral dilemma for charities spending money on marketing; it is a key part of their outreach and done well, yields many more commitments of support.
Legacy marketing spend has grown and now accounts for 6.2% of total fundraising spend, up significant from 5 years ago when it was 3.7%. But with legacies accounting for 42% of total fundraising, charities must continue to invest in it to maintain and grow their fundraising.
The Today's Wills and Probate podcast is available on your preferred podcast provider, and at www.todayswillsandprobate.co.uk. Subscribe today to hear all the latest news and views across the wills and probate sector.

Regulation, collaboration and the response to the Competition and Markets Authority review of will writing services all form part of the latest Today's Wills and Probate Podcast. Host David Opie is joined by Antony Brinkman; CEO of the Willwriting Partnership and Chair of the Professional Standards Board (PSB).
At the outset Antony explains the role of the PSB, a separate function from the Society of Will Writers, which is to enhance the skills and develop the competence and abilities of SWW members. Although its current role, which given the voluntary nature of membership for unregulated will writers is largely a support function, Antony sees that it may have a wider role to play in the future.
As CEO of The Willwriting Partnership he is responsible for the growth and stability of the company, improving the quality of the work and what challenges he sees for the sector.
Inevitably the topic of discussion moves on to regulation; we are moving in the right direction in terms of quality says Antony, and in his view it almost certainly will happen, citing the regulation of financial service, mortgages, and more recently funeral planning as examples of the direction of travel.
Regulation wouldn't necessarily be a bad thing; but in Antony's view there is a risk heavy regulation would limit choice, which would most certainly be a bad thing. Indeed the PSB and SWW largely welcomed the recent CMA investigation, with its focus on providing greater clarity for firms around their obligations under consumer law.
Could it have gone further? Almost certainly, says Antony. Mandatory membership would have been a much stronger message; we still face the conundrum of trying to bring into line organisations who operate outside of the consumer protections provided of the membership bodies which was a significant part of the investigation.
The discussion is an interesting discourse on the present and future of the will writing sector and the roles the various industry may play on shaping it.
The Today's Wills and Probate podcast is available on your preferred podcast provider, and at www.todayswillsandprobate.co.uk. Subscribe today to hear all the latest news and views across the wills and probate sector.