Today's Wills & Probate Podcast – Details, episodes & analysis

The Solicitors Regulation Authority (SRA) has recently requested law firms complete an anti-money laundering and sanctions data collection exercise. The SRA is required by Office for Professional Body Anti-Money Laundering Supervision (OPBAS) to take a risk-based approach to supervision and is requesting firms complete the requested information as full as possible.

It will, they say enable them to "see the distribution of risk across the legal profession, which in turn informs our programme of inspections and our guidance."

The latest Today's Wills and Probate podcast welcomes Gavin Ball of HiveRisk to tackle the tricky topic of what firms need to be thinking about when it comes to completing the information, and wider considerations when it comes to firms' anti-money laundering policies, processes and procedures.

In 2024 alone law firms have been fine £200,000 directly relating to failures in their anti-money laundering and sanctions processes.

Gavin goes on to discuss the areas he sees firms failing on as a compliance specialist. He talks technology and how it can help firms with their compliance obligations but warns the key is understanding what the information is telling you... in their audits the SRA will challenge firms and staff to interpret reports provided through technology and how to interpret its content.

Gavin also discusses politically exposed persons (PEPs), sanctions, and how to deal with reporting suspicious activity (SARs) to the National Crime Agency (NCA) in this informative and insightful podcast.

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.

Thank you to our podcast sponsor VacantC Legal Recruitment

Behaviour change campaign Remember a Charity is a consortium of around 200 charities dedicated to growing the legacy market; helping charities develop what is an increasingly vital long term revenue stream.

In the latest Today's Wills and Probate Podcast, host David Opie is joined by Lucinda Frostick, Director at Remember a Charity and Chris Millward Head of Legacies at Princess Alice Hospice and part of the consortium of charities.

Remember a Charity Week is coming up from 9th to 15th September 2024 and there is still time to take part. As part of their commitment, campaign supporters drawn fro across both the regulated and unregulated legal communities are asked to raise awareness of leaving a gift to charity in their clients' wills. Remember a Charity provide a range of free resources on their website, which is visited by 300,000 visitors each year, to support with these efforts.

To put the importance of legacies into context Chris explains it costs around £10m every year to fund the vital care Princess Alice Hospice provides across south west London, Surrey and Middlesex. At any one time their specialist team can be supporting around 1000 local patients and families through illness and bereavement either at their Hospice in Esher or at home.

20% of its funding comes from the NHS, but the rest is from voluntary donations. On average, each year one third of their income is derived from gifts in wills.

Remember a Charity research has shown legacy gifting has grown as around 1 in 5 charity supporters aged 40+ now leave a charity gift in their will. However, twice as many people would be happy to leave a gift in their will; it is, says Lucinda, so important we do everything we can to close that gap between intention and action and "normalise" legacy giving.

When considering the blockers to closing that gap between intention and action, Remember a Charity have done research with both the profession, and consumers. Many professionals suggest clients are clear about who they want their inheritance to go to, and are concerned about creating issues which could later lead to dispute.

However this isn't borne out in the consumer research where in many cases clients are clear where they wish to leave their estate, but are not concerned about later disputes In fact, the biggest blocker is in most cases it simply did not occur to the testator to leave a gift in their Will. Research shows even mentioning the opportunity to leave a charity gift in a will doubles the chances of the client including it.

Throughout an insightful, and important discussion, Lucinda and Chris share their experiences and thoughts on how firms can normalise legacy gifting.

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.

Thank you to our podcast sponsor VacantC Legal Recruitment

The Today's Wills and Probate podcast welcome Dan Warburton on to discuss the topic of leadership. Dan works with law firms leaders and partners to elevate their leadership skills to enable them empower staff to be more efficient and effective. 

Dan describes his work as "the skill of profitable delegation;" to create leaders who can deliver high levels of performance across their team. 

He cites the structure of many law firms in which lawyers are targeted on clients and the number of hours they bill... the system is set up in such a way that the more hours you work, in theory the more profit and remuneration can achieve. But when it comes to promotion what happens is you are expected to continue to build a client bank, and bill your hours, and manage a team of people. It is, says Dan, unachievable without simply more time into the equation, which has an impact on wellbeing and staff retention.

Few partners achieve what Dan describes as a "transition out of being a technician in the business to being a business owner. The structure and success of the organisation relies on them. 

There is a way to resolve this,  but we can only create successful teams when they willingly take responsibility for the success of the business. Dan shares his insight into how law firms can empower management teams and leaders to build trust and confidence in staff through regular one-to-one calls and coaching sessions. 

There is a cycle that needs breaking in law firms, says Dan. If a partners we keep our head down and just keep trying to crank out work we build firms that rely on us. When our team want things from us and we tell them what they need, they just keep relying on us. We must delegate work away and create highly effective team members underneath us

Throughout the discussion Dan shares leadership insight and tools that leaders and manager can take away and implement today. One such example is the process of making requests, in which there are 3 key elements

1. You must be clear on exactly what you want done; which must be measurable, not an abstract principle such as "keeping the client happy."
2. It must have a timeframe
3. You must have joint agreement and offer the respondent the opportunity accept, decline or counteroffer in order to reach a jointly agreed action plan. 

Ultimately, says Dan, when leadership is in, it's in.. when leadership is out, it's out. Listen in to this interesting discussion for law firm leaders and managers.

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.

Thank you to our podcast sponsor VacantC Legal Recruitment

Hamza Hafesji, Group Product Manager at Advanced Legal, joins the latest Today's Wills and Probate podcast to discuss the importance of implementing a culture of performance management in a business. 

For years the only time most employees receive any sort of constructive feedback has been in an annual appraisal. For Hamza, something has to fundamentally change and feedback must be much more of an ongoing process

He cites research from PWC, LexisNexis, Thomson Reuters and their own client surveys which point to the challenges that face law firms from an HR point of view. Indeed 3 in 5 law firms are concerned about talent and shortage and churn, and are consider it a barrier to their success.

He discusses organisations described as "Stay Firms" and "Go Firms" - firms who retain, and lose, talent. While acknowledging that remuneration plays a part in the success "Stay Firms," the focus on their broader value proposition sees them not only retain staff, but makes them more efficient with higher billable hours and better staff mental health and wellbeing. 

And lawyers themselves are more vocal about what they want from work. A staggering 44% of lawyers measure their stress levels at between 8-10 out of 10 in an Advanced Legal survey. That, and a lack of progression and professional development is often the cause of staff leaving. 

"When we drill into this, we're looking at a lack of mentorship and career guidance, a lack of promotion opportunities and the desire for greater on the job assistance. All of which can be described as performance management," says Hamza.

 This discussion covers a lot of ground around the value and importance of creating a culture of performance, normalising goal setting and providing a constant feedback loop between employees and managers. For Hamza, part of the success of implementing such a cultural change is in the adoption of technology to drive through the change and support managers to ask the right questions and enable those types of conversations.

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.

Thank you to our podcast sponsor VacantC Legal Recruitment

The first Today's Wills and Probate podcast on 2024, and the start of series 3, explores the perennial question on the minds and lips of most businesses... what do clients really want?

A report from Law Firm Marketing Club does just that. Now in it's 4th year, "What Clients Want" is an extensive piece of research which asks consumers of legal services what they want from their law firm; from first introduction through to matter completion.

With 4 years' worth of data behind them, the report is now able to start tracking consumer expectations and trends over time. Once of the really interesting elements of the report is the breakdown by demographic of respondents  and the changing expectations of consumers of legal services.

Client care and return business feature strongly in the report. 53% of respondents have used a law firm more than once but of those, a staggering 41% have not returned to the firm they'd used previously, but had moved to use a different firm. Read into that what you want but it's one of many statistics Clare shares in the course of the discussion.

The report delves in to  the experience of using a law firm and in particular first impressions and onboarding. It is interesting to note that the way in which consumers select firms is changing, with a focus on sustainability and ESG higher on younger people's agenda.  

There are plenty of lessons for firms as Clare shares details of responses to the extensive survey. The report is sponsored by Moneypenny and available via the Law Firm Marketing Club website.

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.

Thank you to our podcast sponsor VacantC Legal Recruitment

"Two nations divided by a common language" is a phrase often connected to the relationship between the UK and the USA; but it could be just as easily applied to England and Scotland at times, especially when it comes to legal matters like the probate process. 

Joining Today's Wills and Probate Podcast host David Opie to de-mystify Scottish probate is Mike Davis, Managing Director of My Probate Partner, a Edinburgh based service described as helping "navigate all the challenges and pitfalls of going through the probate process in Scotland."

Mike describes the probate process in Scotland as "bonkers" and identifies a number of distinct differences between the systems in England & Wales, and in Scotland. Most obviously is the terminology which can cause confusion, and Mike goes on to explore some of the procedural quirks in Scotland.

Alongside language, geography plays a bit role in determining the speed of the process as executors must apply to the most local sheriff court of the deceased. In some cases this can mean applications are processed in hours... music to the ears of practitioners in England & Wales who currently face months of delays.  

Moving on to discuss My Probate Partner Mike explains the origins of the business and how they are helping those going through the probate process in Scotland navigate the difficulties, emotions, and anxieties they face, especially at a time when they are often facing the bereavement themselves. 

Throughout the podcast Mike provides insight into the key differences between the legal systems in Scotland, England and Wales. 

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.

Thank you to our podcast sponsor VacantC Legal Recruitment

Recorded in the week before the British Wills and Probate Awards 2023, this latest podcast explores the role faith plays in Yasmin Hoque's legal career. A practicing Muslim, Yasmin explores the way her faith has shaped her career to date firstly as a lawyer based in London, and later as the founder or AL-HQ Law & More, based in Southampton.

The discussion explores the importance her faith plays in her work; both in her local community and in the wider legal community where she has spent time educating peers on the practicalities of  Islamic wills and Sharia-compliant wills.

A recent post on LinkedIn highlighted the role that alcohol plays at large scale events, and particularly at legal events, and the challenge that this presents to those choose to abstain from alcohol for religious, health or lifestyle reasons. 

The post gathered a huge number of reactions and comments and was widely praised for raising awareness of a topic that can be divisive. As Yasmin explains, different people and religions have different tolerances of alcohol, and even within religion there are degrees of tolerance.

This is not to prevent others from having alcohol should they wish; and Yasmin is clear that there is no judgement on others. Rather the point is that event organisers should be better prepared to facilitate the religious, health and lifestyle choices of attendees. Indeed there is plenty of evidence to suggest that young people (18-24) are drinking less alcohol than ever before so we must be more open about those choices. 

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.

Thank you to our podcast sponsor VacantC Legal Recruitment

The latest Today's Wills and Probate podcast welcomes Simon McCrum to discuss the contents of his latest book "The Perfect Lawyer" with host David Opie.

There isn't much Simon McCrum doesn't know about running a law firm having been there, done it, and got the t-Shirt. In this discussion Simon shares a little about his background and how he came to run the fastest growing law firms in the country before its acquisition.

He now shares his experience with other law firms as a management consultant and author of 2 books, "The Perfect Legal Business" and "The Perfect Lawyer," and through the course of the discussion Simon provides some fascinating insight into what he considers he did well, and what lessons he learnt along the way; all of which he includes in his books.

He describes how he encourages firms to find and use differentiators across their business and create a culture of buy in across the firm. "The ultimate differentiator is service, but the ultimate challenge is living that" says Simon.  He encourages firms to take a long hard look at their business and ask themselves if they are truly offering a "Bentley service, for a Bentley price."

He moves on to discuss the content of "The Perfect Lawyer" in which he suggests the perfect lawyer is someone who has both pride in their own work and skills, and takes pride in, and understand their responsibilities to, the business; describing how "perfect lawyers" are nurtured by firms. 

This insightful discussion with one of the most passionate and experienced professionals we've had on the podcast is a "must listen" for law firm leaders and aspiring leaders. 

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.

Thank you to our podcast sponsor VacantC Legal Recruitment

The latest Today's Wills and Probate podcast welcomes Laurelo on to talk about the current challenges facing probate practitioners. 

Michael speaks with host David about the origins of the business and his ambitions to support those going through the probate process. Describing their approach as "old school," Michael ensures all clients are seen face to face and talks about the importance of equipping clients for the harsh realities of probate, as much as it is important to be emotionally supportive. 
 
Speaking about their own approach Michael is bullish, and not afraid to pull any punches when it comes to challenging the status quo. He cites Laurelo's success at The British Wills and Probate Awards 2022, where they were winners in the "Probate Provider of the Year - South" category as evidence that they are doing the right thing; and are shortlisted again in 2023 with the awards on 11th October. 

Moving on to discuss delays and the impact on the industry, Michael describes the current situation as "shocking." "The courts aren't taking phone calls from those who are grieving like we are, daily" says Michael. "We try to manage expectations and advise clients it can take a minimum of 16 weeks... but there's no guarantee of that."

In the continued drive for transparency and consumer protection, educating the public on the wide availability of probate services is important, says Michael adding "it's important to keep on banging the drum about people having more options."

The podcast finishes with a couple of anecdotes about probate matters that the team have acted on which highlights the rich diversity of working in the probate industry. 

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.

Thank you to our podcast sponsor VacantC Legal Recruitment

In this edition of the Today's Wills and Probate podcast host David Opie speaks with Professional Standards Board member Nick Ash about plans to beef up their oversight of Society of Will Writers members. 

Ahead of the Society of Will Writers (SWW) Conference in Lincoln on Monday 9th October Nick provides insight into the proposed changes to the Code of Practice Oversight and Governance and Complaints Procedures which are due to be implemented in 2024. 

Despite what might be considered an enviable record, having expelled just 2 members in the last 2 years Ash describes the current powers of the PSB as bit like a “blunt stick.” Simply expelling members currently “doesn’t help the consumer… doesn’t help the member get better, (and) doesn’t help the society" he says. 

The new powers will enable the PSB to widen the scope of their complaints investigations and will include mis-selling and misleading advertising, and individuals bringing the profession into disrepute going forward. A 3 tier disciplinary structure will also be introduced with individuals and firms named and shamed where there is failure to engage with remedial action. 

The discussion also explores the recent launch of the Competition and Markets Authority investigation into will writing and pre-paid probate, which raises concerns around misleading advertising, unfair contract terms and pressure selling and coercion. 

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.

Thank you to our podcast sponsor VacantC Legal Recruitment