Back

Explore every episode of the podcast Today's Wills & Probate Podcast

Dive into the complete episode list for Today's Wills & Probate Podcast. Each episode is cataloged with detailed descriptions, making it easy to find and explore specific topics. Keep track of all episodes from your favorite podcast and never miss a moment of insightful content.

Rows per page:

1–50 of 86

TitlePub. DateDuration
AML and sanctions data collection - What you need to know05 Sep 202400:37:36

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

Normalising charity legacies and leaving gifts in wills08 Aug 202400:29:51

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

Law firms and leadership - the skill of profitable delegation29 Feb 202400:35:17

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

The importance of performance management over appraisals15 Feb 202400:30:26

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

What clients want... 01 Feb 202400:32:44

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

Executry & confirmation; the differences between probate in Scotland, England & Wales16 Nov 202300:26:19

"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

The importance of faith in my legal career02 Nov 202300:34:10

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 Perfect Lawyer19 Oct 202300:32:01

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

Probate; the "old school" way...05 Oct 202300:24:08

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

Sharpening the "blunt stick" of regulation 05 Oct 202300:29:22

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

"The best thing about being a private client lawyer is..."28 Sep 202300:37:12

The Today's Wills and Probate podcast welcome Ian Bond on to discuss the life and times of a private client practitioner in 2023.  Ian is a partner in the Lifestyle and Estate Planning Team at Irwin Mitchell having joined in January 2023 and is a vocal advocate for the private client profession. 
 
Recorded in July 2023 Ian shares a little bit about his background and roles at Irwin Mitchell, The Law Society, where alongside his long standing position on the Wills and Equity Committee he also sits on the probate services user group, and provides tutoring for STEP. 

Ian reveals that he joined law school with the ambition of being an employment lawyer but soon realised that private client was the right place for him. He says 

"The best thing about being a private client lawyer is you never know what you're going to get... you know you make a difference in (people's) lives. They walk away with peace of mind."  

Although the podcast was recorded before the announcement of the Competition and Markets Authority investigation into the law pricing of will writing services, the discussion explores costs the issue of balancing costs against client expectations. 

The discussion moves on to the impact, and value, of technology; whether that's as a tool for meeting with clients and taking instructions or as an integrated part of the drafting process. Technology is exciting for consumers and the private client industry, says Ian, citing the increasing desire of clients to consume legal services on their terms; in a way that works for them.

The almost inevitable impact of technology is the pressure that pricing comes under as the potential for delivering quicker, more efficient services reduces overheads... however, Ian warns, it's important to be clear about our differentiators. Our ability to get the job done, our experience working on similar matters previously,  we can help you achieve these outcomes.

An insightful and entertaining discussion, Ian shares his own thoughts on the direction of travel for private client law in 2023 and beyond.  

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

Using social media to generate will writing leads13 Sep 202300:36:39

Following a Summer break the Today's Wills and Probate podcast returns to discuss the challenge of generating new and consistent leads sources for will writing and legal business. A perennial challenge, host David Opie is joined by social media lead generation specialist Matt Jones, founder of Shed Social a digital lead generation agency to discuss the issue. 

The key to lead generation, say Matt, is identifying where your clients are spending time and target those locations.  When it comes to digital he explains that 90%+ of people in the UK are using a Meta platform like Facebook Instagram, WhatsApp up to 10 times a day, so it is a great place to find your customers. 

Facebook dominates the 50+ age bracket compared to other social media outlets. It has in recent years become a very complicated place to advertise but there are rewards if you can harness it and advertise well on the platform, he adds. 

Through the course of the podcast Matt explains his philosophy of 5 key elements to lead generation and growing your firm, and how organisations and implement them effectively:

  1. Visibility
  2. Accessibility
  3. Appeal
  4. Responsiveness
  5. Profitability 

He also discussed the opportunity presented by the proliferation of groups now available on Facebook and how to approach the opportunity to generate leads through them consistently, especially when the time element individuals invest in engaging with the group can be difficult to manage.

This insightful discussion from an expert in online lead generation provides some helpful insight for businesses of all shapes and sizes on how to grow your lead pipelines and convert more customers.

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

Understanding the cost of legacy fundraising18 Jul 202400:33:07

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.

Thank you to our podcast sponsor VacantC Legal Recruitment

Branding is so much more than your logo26 Jul 202300:33:35

If we thought branding was about logos and then we’re absolutely wrong... it's about reputation, meaning, culture, service and so much more according to Matt Davies who joins host David Opie on the latest Today's Wills and Probate podcast.

Matt lives and breathes branding and his enthusiasm for the subject comes across through this discussion which provides some useful pointers on what brand is, why it is important and where do we start? 

Pulling no punches Matt challenges organisations and law firms to think about why they exist beyond making money. 

"Nobody is interested in you wanting to make money," says Matt. "You may personally be in business to make money but your brand and business and what it's trying to do in the world needs to have a  narrative and a story to position itself in such a way that is effective in its market place."

Your brand should be

  1. a story or narrative that your customers find interesting and exciting
  2. something that your people can buy into and rally around

"And here’s the kicker" adds Matt,  "it has to be true and it has to be authentic, because in today’s world you’ll get found out."

In his work Matt asks 4 key questions of organisations. 

  • What do you exist beyond making money
  • Who do we serve
  • How should we show up for them
  • What are we offering them

Throughout this insightful discussion Matt provides plenty of useful pointers ad tips organisations and law firms can take away and implement in their own business.

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

Exclusive Interview - Dan Garrett, CEO Farewill13 Jul 202300:38:42

The latest Today's Wills and Probate podcast is an exclusive interview with Dan Garrett, founder and CEO of Farewill.

In an unusual twist of fate, an experience at a Japanese residential home plunged Dan into the world of wills and probate and in 2015 he launched Farewill with the ambition to make the process of dealing with death simpler. 

The discussion with host David Opie explores the early years of Farewill and the journey they have been on. They discuss taking on external funding, growth and growing pains, the plans for Farewill in the short and medium term and the direction of travel for the industry in the coming years. 

Dan also tackles the negativity surrounding Farewill from some corners of the wills and probate sector, pointing to client feedback as the ultimate indicator of whether they are doing things the right way. 

“People don't necessarily like what we do, and they might disagree with it.

But customer reputation stands for itself. Reputation with our partners stands for itself, and the North Star for us isn't what our competitors think of us. It's what our customers think of us.”

In 2023 Farewill boasts a Trustpilot score of 4.9/5 from over 14,000 reviews and has been recognised by The British Wills and Probate Awards and the Good Funeral Awards.  Poignantly for Dan, Farewill has raised over £800m for charity through legacy pledging which he describes as a "really meaningful contribution."

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

A day in the life of a private client lawyer28 Jun 202300:30:57

Scott Walker, a consultant solicitor with  Richard Nelson LLP is the latest guest on the Today's Wills and Probate Podcast, joining host David Opie to discuss  the ups and downs of his working life as a private client practitioner. 

Scott is one of a new breed of consultant lawyers who effectively work for themselves whilst operating under the umbrella of a larger legal brand. It's a hybrid way of working and enables individuals to strike out on their own, with some of the security of working for a firm with associated marketing, technology, admin and indemnity insurance support. 

Scott shares what a day in the life of his varied practice looks like; and provides some insight into his productivity tips, working in person and on zoom/teams, and how he is managing client expectations around using technology,  delays and unbundling legal services. 

Technology is a growing part of the legal profession and Scott explores how he is adapting to using more technology as a practitioner and how he is adapting his practice to cater better for clients. 

Asked about what he enjoys about his work, Scott discusses his love for helping people make important life choices and supporting them through that decision making process.  Pressed on what he doesn't enjoy Scott explains that issues outside of his control which impacts the client, like delays, make the maintenance of the client relationship tricky. He also raises the issue of sales and how he has had the change his mindset from being in an employed role where the work is largely provided by the firm, to being more reliant on his own efforts to generate work. 

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 personal story of improving the probate process14 Jun 202300:27:02

In this latest Today's Wills and Probate Podcast host David Opie is joined by Exizent co-Founder Aleks Tomczyk.

In 2018-19 Aleks and Nick Cousins, his fellow co-Founder of what was to become Exizent, went through their own bereavement journeys and found the whole process frustrating. They also had friends of theirs in similar situations, sparking the idea for launching the business.

Indeed, one of the unexpected consequences of launching the business and sharing their experience is that many of the team have been attracted to working for Exizent because of their own experiences going through bereavement and probate. "It really speaks to our purpose," says Aleks, "of making the probate process easier to navigate."

The ultimate vision for Exizent is to improve the administration of the probate process and connect the 3 key stakeholders together, reducing time and improving accuracy

  1. individuals who have lost family members and beneficiaries
  2. legal service and financial services professionals who support the first group
  3. institutions - anyone with information about the estate

In the discussion Aleks shares details of the work being done by the team and is heartened to see legal services more actively looking at innovation and technology adoption. As an "API-first" organisation Aleks touches on the way Exizent is working on partnering with other organisations to create less friction in the probate process.

Aleks finishes with an impassioned plea to the community to work together to improve the experience for those who go through probate and which in turn will improve the lives of practitioners and institutions.

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

20 years of innovation: The CTT Story31 May 202300:31:44

On the latest Today's Wills and Probate podcast host David Opie welcomes Clive Ponder on to discuss his journey from miner to running one of the largest estate planning businesses in the country.

CTT Group, formerly Countrywide Tax and Trust Corporation, now spans technology and software, accountancy and conveyancing alongside its estate planning business. The Group celebrates a milestone 20 year birthday in 2023  and is Headline Sponsor of The British Wills and Probate Awards.

Never short of an opinion, Clive shares his thoughts second careers, building and growing businesses, technology, regulation, and the current state of the industry.  Clive has also been a vocal supporter of the will writing community and championed the  industry against those who might consider it to be a "second class industry."

He also reflects on 20+ years in the profession, recounting his own initiation ("the training was 2 hours before I went on my first appointment") and the progress made. He is a supporter of greater regulation, but pointedly makes the distinction between regulation and reserved activities.

"(the definition of) reserved activities is a joke, there's no other words to describe. A solicitor can be drafting a lifetime trust on a Friday, join Tesco's, same skills, but cannot draft that trust on a Monday morning. That defies logic."

Ever an advocate of technology, and evangelical of the impact it has had on his business, asked what the private client community can do today that will change their business and improve their service to clients, he offers two pieces of advice.

"Get rid of paper, and take on digital... manage clients and risk more effectively.... The solutions clients of today want are different from the client of 50 years ago."

Listen in to hear more of this interesting discussion with one of the will writing community's most well known individuals.

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

Lead generation and conversion best practice in legal services18 May 202300:27:37

The latest episode of The Today's Wills and Probate podcast considers the tricky challenge of generating leads and converting sales de organisations across the legal services spectrum. 

Joining host David Opie is Adam Stevens of The Law Superstore and Reallymoving.com. Experts in lead generation, the platforms generate thousands legal service enquiries  each month. 

Adam shares his insight and experience with developing on and offline marketing channels to direct spend most effectively and achieve as high a return on investment as possible. 

The Law Superstore and Reallymoving.com platforms provide a range of comparisons for consumers, one of which is inevitably price. However, and somewhat reassuringly for practitioners, Adam suggests that the trends they see through the platform indicate that price is not always the primary driver of lead generation. 

"60% of the time people don't go with the cheapest quote" says Adam. Speed remains a critical part of success, adds Adam, with feedback from users suggesting that the first firm to call and build that rapport with the enquiry has the highest chance of success. 

A lot of firms have been used to winning work organically, in that it comes to them rather than having to go out and find it. In an increasingly competitive space like Wills and Probate there will be times when firms will need to be more proactive and ultimately success is built on strong processes suggests Adam. Follow up in the first instance and then build a way to nurture the leads if they are not quite at the right point in time to buy right now. 

Adam also provides some useful reminders on what tools organisations should be considering as part of their wider marketing mix to showcase their services, expertise and success;  including networking events, social media, awards, review platforms and much more. 

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 National Wills Report - The Culture of Will Writing in the UK in 202304 May 202300:33:24

In this latest episode of The Today's Wills and Probate podcast host David Opie is joined by The National Will Register's Astrid Bowser to discuss the release of a wide-reaching report into the culture of Will writing in 2023. 

The report follows a survey commissioned by The National Will Register into public perception about Will writing and what plans people had in place for their loved ones once they have died. 

The key takeaways from "The National Wills Report - The Culture of Will Writing in the UK in 2023" suggest that less than 50%  of people have written a Will. That percentage increases slightly in higher age brackets, but one of the surprising elements to the report is that 42% of people have not discussed what should happen upon their passing with their loved ones.

The report also looks at wider demographics around age, family status and location; as well as exploring attitudes toward the lack of engagement around writing a Will. 1 in 20 respondents suggested that writing a Will was simply too morbid to think about! 

The rise of online Will writing is also laid bare by the report with 16% of respondents indicating they had used an online Will writer to prepare their Will. 

Astrid shares the results of the report and discusses some key takeaways for firms when it comes to thinking about the sentiment across demographics and how that informs law firm's and Will writer's communications strategies.  

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

Getting paid your true worth20 Apr 202300:32:50

The True Worth Expert Vanessa Ugatti joins host David Opie on the latest Today's Wills and Probate Podcast. 

Vanessa works with professional services individual and organisations to help them understand their true value, and explain that better to clients to help them get paid their true worth, unapologetically. 

In her work Vanessa sees individuals and organisations constantly undercharging, underestimating, discounting, over servicing; she explains how a lack of confidence in conveying value leads to firms making less money and working too hard. 

She explains how there is a tendency to be fearful about charging for our work. While Vanessa doesn't give away all her secrets, during the podcast she provides some insight into her 9 Part True Worth Methodology; explaining how one of the key elements is helping people become more consciously aware of the value they're providing. 

"We take for granted that we are experts," Vanessa explains. "It's easy because we've got 10-20 years experience." She suggests we need to "take charge" when it comes to pricing. "Modern lawyers have to be commercially aware which has a positive knock on effect on profitability and staff wellbeing because they're being paid fairly for the worth they do," she adds. 

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

Dealing with the emotional side of the job05 Apr 202300:23:14

The latest Today's Wills and Probate podcast welcomes Emily Robertson, Associate from Burgess Mee, to talk about the impact her job has on her mental health and wellbeing.

Emily is part of the private client team dealing with Wills, Trusts, Probate and Court of Protection. She explains that each of the disciplines bring with them their own individual challenges not just from the point of view of the practice of law, but from an emotional point of view. 

Often described as a "distress purchase" Emily discusses her experiences of dealing with clients at what is often a very difficult time in their lives, whether it's losing a loved one, or dealing with a loss of capacity. 

She shares her thoughts on when clients might need guidance on the timing of moving legal process forward and shares how she will always ask her clients how involved they want her to be. She discusses how her job impacts her relationships at work and at home; and how important her "work family" are in supporting her. 

But it's not all doom and gloom. Emily is passionate about her role and enjoys building relationships with people, being human with clients, breaking down stereotypes, and not taking on the grief of clients; sometimes, says Emily, you have to have a little bit of "gallows humour."

In an interesting discussion, Emily shares some of her learnings and coping mechanisms she has developed to deal with the stresses and strains of private client work. 

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

Myth-busting Legacy Management23 Mar 202300:29:58

This episode of The Today's Wills and Probate podcast sets out to myth-bust the relationship between probate practitioners and legacy managers; who up until more recent years might have been described as "frenemies!"

A profession who deliver £3bn in charity revenues and enable the final wishes of somebody to be fulfilled is a rewarding career and joining this latest episode to discuss this conundrum is Matthew Lagden, CEO of legacy professional membership body The Institute of Legacy Management (ILM). The ILM champions best practice, training and collaboration across it's membership. 

Matthew discusses the role of ILM in creating the vocation of Legacy Management as a dedicated role within charities and in fostering better relationships in the probate community. The property price boom of 80's and 90's saw legacy income rise dramatically (around 50-70% of the average estate will be made up of residential property) requiring proper administration and process.

There is also a recognition that legacy income plays a critical part of charity funding, highlighted by the pandemic which saw legacy income drop c.10% against a backdrop of 30% reductions in other funding streams.

Matthew shares his experiences of leading the organisation for the past 5 years; the highs and lows and what his hopes for the industry are.  And leaves us with his top tips on how probate and legacy management professionals can work most effectively together. 

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

Regulation, collaboration and the response to the CMA Guidance04 Jul 202400:31:55

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.

Thank you to our podcast sponsor VacantC Legal Recruitment

How to set up a law firm (Part 1)09 Mar 202300:34:21

Michael Culver, founder and director of Culver Law and Chair of Solicitors for the Elderly joins Today's Wills and Probate Podcast host David Opie to discuss his experiences of setting up Culver Law in 2021. 

Michael shares his motivations for setting up on his own and the the ups and downs of the set up process, from applying for professional indemnity insurance, writing the business plan, submitting his application for registration (and answering the subsequent queries!) and challenges with his client account. 

And that's all before he even started! 

Michael moves on to share his thoughts on the progress being made around digital and the impact that will have on the profession. He acknowledges that there will be teething issues but suggests that the direction of travel is positive. 

He has been vocal around ensuring there are clear checks and balances when it comes to the digital journey to protect those most vulnerable from exploitation, and while progress is being made, there is still work to be done here. 

The discussion also reflects on the changes in the industry beyond technology and how this will impact private client practice over the next 12-18 months.  The conversation considers the LPA bill, the impact of more applications to the Court of Protection (and providing deputies with greater powers) also flags the tax changes which will lead to some interesting planning work for practitioners. 

Part 1 of "How to set up a law firm" will be followed by a part 2 later in year as another recent law firm founder joins the Today's Wills and Probate podcast to share their experiences. 

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

Financial abuse, mental capacity and LPA reform23 Feb 202300:23:24

In this latest episode of Today's Wills and Probate host David Opie is joined by Giles Wilson Founder and Managing Partner Melinda Giles.

With over 25 years experience in private client, Melinda brings a wealth of experience to a discussion which considers her expertise in financial abuse and associated issues with capacity; alongside reform and her own challenges running a successful law firm.

For Melinda, financial abuse is simply "not well understood" by the powers that be.

"Financial abuse is a soft word for stealing, it is a crime. Taking money from people who are vulnerable and it is often tied up with emotional abuse"

says Melinda, who passionately explores the topic in the course of the discussion.

In her role at The Law Society she is currently working with the Wills and Equity Committee on LPA reform, which she describes as needed, but "risky," saying that there is a balance between the diminishing advice around LPA's and the focus on the digitisation.

"None of us are against modernisation, (the current LPA process) requires improvement, but it is the risk to the vulnerable that is of concern."

She also discusses 

  • lobbying government to improve court services
  • considering the wider opportunities with the extension of digital signing of wills
  • the recognition of digital assets in estate planning. 

In her own role as Managing Partner of Giles Wilson she discusses the changing nature of managing a law firm. In July 2022 the firm established an Employee Ownership Trust, empowering the staff to play their part in the ownership and future of the firm. 

And she discusses the ever-evolving challenges in private client work and the need to be prepared for increased "unbundling" of legal services. 

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

Paralegals; where would we be without them? 09 Feb 202300:26:07

In this latest episode of the Today's Wills and Probate podcast host David Opie is joined by National Association of Licensed Paralegal's (NALP) former CEO and now Patron Amanda Hamilton

Starting out running paralegal training programmes in the 90's, at a time when the term "paralegal" was starting to be used more regularly in the UK following its migration from America,  Amanda took on the role as CEO of NALP in the mid 2000's.

NALP's objective is to champion the role of the paralegal and better prepare them for the world of legal, with a range of qualification available for members. It has also worked to shape the role of the paralegal in the UK, moving from it being a stepping stone for law graduates, to being a recognised profession in its own right, with an expertise and skillset to match.

Amanda discusses how the challenges presented by the legal aid reforms since 2013 has paved the way for paralegals to play their role in providing access to justice for many people who simply can't afford alternative legal representation.

And they can play an increasingly important role in many law firms. Amanda calls on firms to take a more diverse view of who can be a paralegal (it's not just a law graduate looking for their first role), and the positive role they can play in the firm (ensuring the do not cross the line into reserved activities.)

For Amanda there is a commercial opportunity for firms as well where paralegal can undertake matters traditionally done by solicitors, and continue to bill at a reasonable rate, creating the opportunity for solicitors and partners to take on more complex and lucrative work.

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 Finders International Story18 Jan 202300:29:19

In this first Today's Wills and Probate podcast of 2023 host David Opie is joined by founder of Finders International, Danny Curran.

In 2022 Finders International celebrated its 25th Anniversary and in this podcast Danny discusses the challenges of running a business that has seen so much change since 1997, the changing face of genealogy services and what he thinks the future holds.

The world is a much smaller place as a result of social media and the internet and has had a monumental impact on the way genealogical searches are conducted.  Societal change has also had an impact . Falling marriage rates, cohabitation, blended families all impact the way genealogists go about doing their job in 2023.

He shares anecdotes of situations where verifying family trees has resulted in establishing beneficiaries in far flung places and ensuring estates are properly distributed.

Danny also discusses his experience of being involved in the long-running BBC programme Heir Hunters which introduced genealogy and genealogy services to a new audience.

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

Improving Service Delivery in Private Client08 Dec 202200:28:38

In this latest Today's Wills and Probate podcast host David Opie is joined by Arken.legal CEO Dave Newick. 

A "technologist" in an industry where technology adoption has traditionally been slow, Dave shares his thoughts on whether the private client  is ready for a technology revolution, or whether it will be more of an evolution. 

Add in to the mix a host of wider demographic and economic considerations including 

  • the generational change occurring in legal services as long standing baby-boomers and Gen-X solicitors retire 
  • law firm consolidation 
  • a period of slower economic growth with a focus on process efficiency where research has shown up to 50% of a solicitors time can be spent re-keying data
  • the largest transfer of wealth in history with $38.8tn transferring from baby-boomers and Gen-X to Millennials and Gen-Z before 2060

and the industry is ripe for change. 

Dave discusses his thoughts on the changing dynamics of the industry, the way technology adoption is being driven by younger members of the profession, and how important being "technology-enabled" is as a recruitment tool for law firms. 

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

Everything you need to know about auctioneering10 Nov 202200:21:59

In this latest Today's Wills and Probate podcast host David Opie is joined by Aubrey Dawson, Managing Director of Dawson's Auctioneers.

Aubrey shares his experiences and expertise as an auctioneer along some wonderful stories about house finds. They do say that beauty is in the eye of the beholder and in one example Aubrey shares the story of some rather grotesque plates which turned out to be very sought after! Valuing property is an art and Aubrey outlines a few of the popular items that Dawsons often come across, and discusses how they go about ascribing value ahead of the auction.  

Aubrey also discusses the changing face of auctioneering where popular television shows have popularised the process and online auctions have grown in popularity, when you think about websites like eBay. He also is keen to debunk the myth that if you're caught scratching your nose by the auctioneer you can end up bidding for something you didn't mean to!

Proper valuation is key part of the probate process and Aubrey is a passionate advocate of ensuring the value of an estate is maximised for the benefit of the beneficiaries. 

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

Special Feature: Will Aid Month - November 202203 Nov 202200:25:26

In this special edition of the Today's Wills and Probate podcast host David Opie is joined by Will Aid Chair and Head of Legacies at Save the Children, Jonathan Jacques, and Campaign Director Peter de Vena Franks to discuss Will Aid month 2022.

For the month of November, Will Aid  promote the opportunity for consumers to have a their wills written by a Will Aid supporting law firm, and in lieu of paying the firm for the service, they instead donate the money to Will Aid.

Peter and Jon discuss the background to Will Aid and the important role it plays for the 9 member charities, raising over £22m since its inception in 1988. They also discuss how Will Aid continues to create more appointments than it can fully service with its existing supporters.

While each appointment is primarily aimed at creating a Will or Mirror Wills for those enquiring, firms have the opportunity to discuss the wider estate planning needs of the client with Will Aid keen to highlight the wider benefits to firms who take part by being introduced to a host of new clients with a range of legal needs.

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

Tips and traps in probate property valuations06 Oct 202200:27:32

In this latest podcast Today's Wills and Probate podcast host David Opie is joined by RICS Surveyor Bill Wilkinson to discuss property valuations and imparts his expertise on how important professional "red book" valuations are when taking into consideration the tax implications. 

In the podcast Bill discusses the difference between a Surveyors and an estate agents valuation. He outlines how he goes about valuing property and the considerations that go into establishing property value; a challenge he acknowledges is made all the more difficult given the fluctuations in property market pricing over the past 3 years. 

And when it comes to district valuer negotiations he suggests that a "regulated" valuation provides an extra layer of security and surety for executors, especially 

In the last 12 months Bill reports an increase in HMRC enquiries owing to 1) the need for HMRC to recoup money and taxes given the budget deficit and 2) the volatility in the market creates scope for higher and lower valuation; and provides some thoughts on how best to deal with such negotiations. 

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

What is missing beneficiary insurance?08 Sep 202200:25:31

In this latest Today's Wills and Probate podcast host David Opie speaks with Anglia Research's Joe Lander about the pitfalls of missing beneficiaries, and how practitioners might best use resources available to deliver the best possible client service. 

Joe discusses the options open to practitioners and draws on 20 years experience in the insurance industry to discuss the "who, what, how where and why" of Missing Beneficiary Insurance (MBI)

Over the course of the 20 minute discussion Joe de-mystifies the process of searching for missing beneficiaries and de-bunks some misunderstood elements of Missing Beneficiary Insurance, outlining when it is, and importantly isn't, appropriate to consider 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.

Thank you to our podcast sponsor VacantC Legal Recruitment

Regulation, Regulation, Regulation 11 Aug 202200:31:59

In this latest episode of The Today's Wills and Probate podcast host David Opie is joined by Director General of the Society of Will Writers Anthony Belcher. 

Recorded just before the latest announcement by the Legal Services Board that there is no intention to review unregulated legal services at this time the podcast explores what role the SWW plays in the life and times of the sector, and what regulation might look like for will writers were it to come into force. 

Anthony also discusses the longevity, success and failures of SWW in its 28th year and what the future holds before the conversation turns to how the organisation has coped since the sad passing of founder Brian McMillan. Brian was a colossus of the will writing world and continues to be very much missed. 

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 five most expensive words in the English language20 Jun 202400:25:10

The five most expensive words in the English language - "it's a matter of principle." Because principles cost money. And this increasingly plays out across contentious private client matters, in inheritance and probate disputes. 

joining host David Opie on the latest Today's Wills and Probate Podcast is Hayley Gaffney, an associate at Coodes Solicitors and member of the firm's contentious probate team. 

She discusses the increasing number of claims she is seeing, reflective of the wider sector; and the drivers behind these, including societal issues, blended and complicated families, and the fallout from the COVID-19 pandemic which is starting to see the predicted rise in claims. 

Hayley explores her own caseload and advice to clients around trying to remove emotion from matters, avoiding diving straight into litigation, advising clients of the merits of cases and managing expectations, and considering the commercial implications. She highlights the use of mediation as a great way of creating flexibility in decision making and find solutions that think outside the box.

Hayley is also a big advocate for knowledge sharing with non-contentious practitioners, both internally in the firm, and externally through forums like this podcast, and using cases as pointers for how to pre-empt issues that come up in her caseload. She points to a number of recent cases in which the individual who had drafted the disputed will has ended up in the witness box in court; and provides some thoughts on what will writers and solicitors could be doing to protect themselves and their clients. 

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 inner workings of probate property07 Jul 202200:25:31

For probate practitioners the sale of property left as part of an estate can be complex. Lengthening timescales, beneficiary conflict, property clearances are just some of the often arduous parts of the task. 

In this latest Today's Wills and Probate podcast host David Opie speaks with Property Solutions Group's Managing Director Barry Mattock and Group Business Director Michael Edwards to discuss the intricacies of dealing with probate property and share some of their most memorable stories of dealing with the weird and wonderful. 

Alongside stories of koi carp and unusual memorabilia, Barry and Michael share their insight into how the business came to be and some of the lessons they've learnt along the way, as well as discussing current goings on in the probate property market and things practitioners need to know about what's coming down the track. 

Property Solutions Group (formerly Executor Solutions) are returning as Headline Sponsors of the 2022 British Wills and Probate Awards, held as a hybrid ceremony as the appropriately named Grand Hotel in Birmingham on 20th October 2022.

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

Prepaid Probate... what's it all about?09 Jun 202200:18:58

In this latest Today's Wills and Probate podcast David Opie is joined by the CEO of Probate Protect, Chris Cauvain. 

Chris discusses the professional, and personal, journey which has led him to setting up a prepaid probate business alongside his business partners. 

With the regulation of funeral planning nearly upon us, is prepaid probate the next "wild west" of the probate world, as described a national newspaper recently?

Or is it, as Chris and his team believe, an opportunity to learn the lessons of the funeral planning industry and better protect consumers while providing a much needed service?

How does prepaid probate throw off the stigma that seems to already be attached to it? 

Listen to the latest Today's Wills and Probate podcast to find out...

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

Top tips for marketing success12 May 202200:21:52

In this latest Today's Wills and Probate podcast David Opie is joined by Tom Stansfield.  Tom is well known to many in the wills and probate sector through his roles with membership body The Society of Will Writers, through to technology providers, most recently as Head of Growth at WillSuite. 

This latest episode Tom and David discuss the importance of understanding how marketing is used across the whole, both internally and externally.  The outline how it is important to appreciate the nuances of the legal sector when it comes to insourcing, or outsourcing, marketing, sharing some top tips on how to make the most of your marketing budget.

Alongside sharing his own thoughts, Tom turns the tables quizzing David on his views of the challenges facing legal professionals in the current climate.

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

How to deal with international assets04 Apr 202200:28:33

In this podcast, David Opie is joined by Louise Levene to discuss what wills and probate practitioners need to  know about dealing with overseas assets. 

In her role as International Asset Services Manager at Finders International,  Louise knows first hand  the pitfalls and challenges of dealing with overseas assets when somebody dies and explains in detail how seemingly innocuous assets can cause problems when it comes to probate. 

Louise provides insight into how stocks and shares can end up in foreign jurisdictions, when and how practitioners might need support as part of the estate planning process, and shares her top tips dealing with the inclusion of overseas assets in the Will.

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

Digital Signatures - "Yes! You can!"23 Feb 202200:33:59

In this podcast David Opie is joined by Charlotte Ponder, Legal Director at CTT Group (formerly Countrywide Tax and Trust Corporation) and Chris Jones, Managing Director and ICON-UK to discuss the progress being made on the introduction of electronic signatures in legal services.

Both Charlotte and Chris are members of the Industry Working Group on Electronic Execution of Documents. and contributors to an interim report on the understanding and adoption of e-signatures in legal services.

In the course of the discussion Charlotte and Chris implore practitioners to invest in their own understanding of the "art of the possible" with digital signatures and encourage their adoption where appropriate; aware that regulation needs to catch up to enable us to fully take advantage of the opportunity.

The Industry Working Group on eSignatures interim Report can be viewed here

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 Great Wealth Transfer23 May 202400:27:18

People who were born between 1946 and 1964, the so called Baby Boomer Generation, is a cohort of 16.8 million people; and due to favourable financial conditions in that time are the wealthiest generation in human history, holding somewhere in the region on 80% of the UK's wealth. 

With the older baby boomer now 78 years old, and against a backdrop of an average age of death of 80.7 in the UK, we are about to see the largest transition of wealth from one generation to another ever; in what has become known as The Great Wealth Transfer.

Joining host David Opie on this latest Today's Wills and Probate podcast is Arken Group CEO Dave Newick, to discuss how the wills and probate profession prepares for this responsibility, and opportunity.  Dave explores recently produced research undertaken by Arken.legal which surveyed the profession's attitudes and preparedness to take advantage. 

The findings show that most firm's clients are aged 51 or over. Indeed millennials and those younger are a very small minority of the client base. And given that around two thirds of professionals believe the value of inherited estate will exceed £200,000 should firms be more engaged with the beneficiaries of the estates they hope to be acting for. 

Just 23% of respondents said they had a relationship with the beneficiaries; and with current clients concerned about how their wealth will be passed on, there is an increasing expectation that this inherited wealth should be forming part of beneficiaries' future financial planing.

Inevitably technology has a part to play and Dave moves on to discuss the survey findings which identify a desire on the part of firms and advisors to provide simpler solutions for their clients; indeed post-pandemic there is greater familiarity with technology in the older generations which wasn't there previously. 

There will, says Dave, be winners and losers and firms must decide now how they need to tackle the challenge and opportunity that lies ahead. 

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

Mental Health Awareness Week 2024 Special09 May 202400:51:12

In this specially recorded podcast, the Today's Wills and Probate podcast joins forces with its sister podcasts from the Today's Conveyancer and Today's Family Lawyer online news publications to discuss the topic of mental health and wellbeing ahead of Mental Health Awareness Week, from 13th May 2024.

Podcast host David Opie welcomes Managing Director of Culver Law Michael Culver,  Marc Etherington (Rayden Solicitors) and Laura Burkinshaw (Convey Law) to discuss the mental health and wellbeing of those working across private client, family law, and residential conveyancing. The three guests identify some shared, and unique, challenges they face in their own roles, and discuss their own experiences of dealing with their mental health and wellbeing.

What is clear from the discussion is that legal services is taking mental health and wellbeing much more seriously than it ever has; with firms taking a more proactive approach to support for staff.

The podcast moves on to explore a range of skills and tools we can employ in our own mental health and wellbeing journeys to cope with the stresses and strains of modern legal life; with some fantastic ideas shared to help people exercise their bodies and minds, cope and deal with their roles, and get into what is described as their "flow state"; the experience of being so absorbed by an engaging, enjoyable task that your attention is completely held by it.

The podcast is being published as part of Mental Health Awareness Week 2024.

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

Using technology to help manage digital assets22 Apr 202400:29:17

Dylan O'Brien, the founder of BePrepared, joins the latest Today's Wills and Probate podcast to discuss his take on the increasingly challenging issue of managing digital assets in estate planning, and what role technology has to play in supporting practitioners. 

BePrepared was launched in Australia and has expanded into the USA and UK in the time since. Dylan explores the differences they have encountered in the various jurisdictions and the issues with platforms like Google and Apple when it comes to managing, and sharing, digital assets accrued through those platforms.

Dylan also discusses the challenges he sees in law firms adopting technology; from the impact of a global pandemic, to the constraints placed on practitioners around the need to billing time, not exploring innovation. But, he says, firms will be forced to adapt to new consumer expectations by their clients and those who don't, will be left behind.  

In terms of the future, Dylan is unequivocal that the future of wills and probate is digital; digital wills and digital estates. Can you collate and collect digital records in order to administer them effectively.   E-signing and e-witnessing will take time so for the time being, the role of technology is to digitise what we can now, anticipating a fuller digital journey in the near future. 

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

We're all human, we all make mistakes11 Apr 202400:26:54

Joining the latest Today's Wills and Probate Podcast is Dan Temple, an expert in acknowledging and understanding the human impact of working, and managing employees and businesses. The discussion centres on creating effective and high performing teams, and what steps law firms can, and should, be taking to enable this in their business.  

Dan leads Cobalt Human Solutions, a training consultancy which focuses on creating effective teams, drawn from his own experiences in the Royal Air Force as part of the Chinook helicopter crew.

The podcast discusses how creating high performing teams requires a number of key elements. Dan describes how trust and accountability are paramount. 

  • There should be a clear objective and vision which can be communicated to the team
  • Roles and responsibilities are clearly defined and people understand their own contribution to success
  • Processes and procedures are in place that ensure the training is effective
  • People have to have the ability to get on with others; they don't necessarily need to like one another, but there must be mutual respect

Ultimately, says Dan, the environment and culture of the workplace is where the success and failure of organisations is derived. He suggests that one of the key failings he identifies in many businesses is a blame culture; the inability of staff to be open, honest and  appropriately challenge - what Dan describes as a "just culture." Staff are fearful of doing something wrong, rather than  challenging management.

As well as root cause analysis, Dan encourages organisations to conduct "pre-mortems" - the idea being that you spend time identifying potential pitfalls in a plan and anticipate how you might deal with them should they arise. 

And if you ever wanted to understand how the difference between egg mayonnaise and aircraft is relevant to leadership and management, listen in to this insightful and entertaining discussion. 

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

Navigating the ups and downs of running a will writing business21 Mar 202400:26:07

The Today's Wills and Probate Podcast welcomes Andrew Buchan, Managing Director of James McKenzie Wills, to discuss the ups and downs of running an estate planning business.

Andrew has been with the business for 14 years and has seen the development of the sector first hand. He explains his role and responsibility both to his staff but also to his clients; it's been said many times but customer service really is king and ensuring that staff have the tools to do their jobs effectively is hugely important to Andrew.

Andrew talks about the difference between a service driven proposition, and a sales driven proposition when it comes to dealing with clients; that one will almost certainly not lead to a positive client outcome. Andrew shares insight into his own quality controls and level of training he and the staff undertake to ensure they meet the high standards expected of those in the business. 

The conversation avoids the topic of regulation as long as possible but inevitably talk turns to improving standards in the industry and how that can be achieved. Andrew points to the increasing costs that come with regulation and qualification; risking a reduction in access to legal services.
 
In the absence of regulation, what does credibility and quality control look like? Andrew suggests that greater collaboration and agreement from the various membership bodies around a set of agreed standards, qualifications and evidence of CPD would go some way to creating a better framework for the will writing community and protect clients. 

The conversation moves on the challenges presented by the COVID-19 pandemic, the lingering impact on the business; and how Andrew has navigated the past few years.  

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 launch of the National Association of Independent Administrators 26 Sep 202400:22:05

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 helen.stewart@ts-p.co.uk. 

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

Wills in North America vs England & Wales 19 Sep 202400:33:07

Tim Hewson joins the Today's Wills and Probate podcast to discuss LegalWills - his Canadian-based technology company providing will writing and estate planning services in Canada and North America.

The business started in a bar in Ottawa where Tim and his colleagues were discussing whether any of them, all successful tech high-flyers, had a will or had considered any form of later life and succession planning. Somewhat serendipitously none of them had and it sparked the idea to launch the business in 2001.

In the time since Tim and his small team have built up the business offering Will writing services in North America, Canada, South Africa and England and Wales; each providing a unique challenge to the software and workflows.

The discussion moves on to the differing speed at which the various jurisdictions, sometimes even within the same country in the case of the USA, are adopting innovation and technology. Electronic signing and storage is one example, says Tim, where it's important we keep up with the changing legislation to ensure our product and service is where it needs to be.

The law as changing as well; Tim uses the example of cohabitation and 'Common Law' relationships where some states have greater legal protections that other which have to be accounted for in estate and succession planning.

On the general trends over the past 20+ years in the sector Tim bemoans the speed of innovation and change, identifying it often needs legislative intervention  and lobbying to enact. But greater acceptance of digital in our daily lives has made online wills more accessible and acceptable, which, says Tim, can only be a good thing.

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

QualitySolicitors - The next chapter17 Oct 202400:27:22

As one of the disruptors in the wake of the Legal Services Act 2007 QualitySolicitors (QS) was launched in 2009 with the ambition to help the high street fight back against the anticipated onslaught of major brands entering the legal market - so-called 'Tesco Law.'

QS grew rapidly, with firms up and down the country adopting the familiar black and pink branding, adding the name "QualitySolicitors" to their firm name to create greater brand recognition. In 2011 an investment of c.£100m saw Palamon Capital Partners take a majority stake in the group.

In the years since QS has remained steadfast in its support for the high street and, after a short stint as part of Metamorph, emerged relatively unscathed following a Management Buyout (MBO) in 2022.

On this latest Today's Wills and Probate Podcast, host David Opie welcomes CEO Richard Skelley and Chief Operating Officer Victoria Browning to discuss what's next for QS.

There is still much continuity; Victoria has been with the business since 2016 overseeing much of the work done to support firms with recruitment and business development, employer branding and conveyancing panel services. And equally there are breaks from the past; QS firms no longer need to rebrand their firm for example.

The business is now focused on 4 key principles, explains Richard. The QS Way: A Philosophy for Sustainable Growth covers People, Process & Procedures, Power of Many, and Profile - principles supported by continued to efforts to help firms through the QualitySolicitors consumer-facing website which still generates 1m hits annually.

And membership has been reviewed with a new tiered approach offering free, 'lite' and full options for firms. It is, says Richard, a much more flexible approach than previously.

We've kept the great bits QS had - we have over 100 sites across the country and still have clients that joined right at the start - and augmented it with a range new options based on member feedback, concludes Richard, adding we are always happy to talk to firms interested in learning more about how QS can support them in the growth ambitions.

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

Free and low cost will schemes - good or bad?10 Oct 202400:26:45

Free and low cost will schemes are an established part of the wills and probate sector, providing charities with valuable legacy income streams, and practitioners with their largest source of lead generation.

The latest Today's Wills and Probate Podcast welcomes Richard Millar of Capacity Marketing on to discuss the value of free and low cost will networks.

Capacity Marketing is probably one of those companies you've never heard of, but have almost certainly come across in some way.  The business runs the National Free Wills Network, set up in 2008, to bring charities, firms and the public together.

The podcast explores the various views around whether free and low cost will services devalue will writing; and how they can be used as part of the wider estate and later life planning conversation with clients.

There is no doubt, says Richard, will writing is seen in some quarters as a loss lead service. Our own statistics show around 85-90% of those who engage with National Free Wills Network will use it to complete a "Standard" will. But it is absolutely the basis for on ongoing relationship.

And of course for charities, will writing is a vitally important source of income. As Richard says, good intentions count for nothing. 

The conversation also discusses the recently published CMA guidance which is welcome and should give the public more protection. He suggests transparency is a hugely important issue to address; comparing a comprehensive service from a city centre firm, to an online will writing questionnaire service might be obvious to us, but assumes a level of knowledge from the public they might not have.

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

Don't forget about attendance allowance03 Oct 202400:21:38

Dean Morgan is the Managing Director of a franchise of Grey Matters Consultancy; a business founded with the aim of meeting the needs of those in retirement at the point they need additional assistance, and for offering guidance to those who have the responsibility for their care. 

Dean is himself a franchisee based in Cardiff with a background in social care and through Grey Matters provides a range of services focused on identifying financial support for the elderly and vulnerable; anything from disabled badges and council tax exemption to pension credits and attendance allowance. 

Attendance allowance specifically is a hugely under-appreciated and under utilised benefit, providing financial support to people of retirement age and older to live comfortably and independently in their own home. 

It can be over £5000 per annum at the higher rate, and Dean does a lot of work, including podcasts like this, to help people understand their eligibility and  correct common misconceptions. 

One of the biggest barriers is the application form. For an indication of the complicated nature of applying for attendance allowance Dean cites research from 2021 which showed 60% of applications fail. In his own franchise he is achieving 99% success rates.

He explains how doing things "in the right order" can often help with applications; attendance allowance can open up eligibility for pension credit; can be used as evidence to support council tax reduction claims; those caring for recipients of attendance allowance could claim carer's allowance.

Dean also explains how the requests for help often come from the families of the vulnerable, not from vulnerable people themselves who often suffer in silence. 

Listen in for Dean's interesting insight into the much needed work of organisations who play their part in supporting the social care sector and how they can work with private client practitioners to dovetail their services. 

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

© My Podcast Data