What is the current sentiment across the profession around wills, probate, client experience, speed of administration, attitude toward financial services... that is the topic of the latest Today's Wills and Probate which delves into the recently published "Bereavement Index"; an annual report tracking the key issues facing individuals and firms dealing with the administration of death.

It is a "state of the nation" says Aleks Tomczyk, the report's author and co-Founder and Managing of Exizent, covering three key areas of death administration; the individuals and families going through bereavement; the legal profession; and financial services.

This latest version of the report, which is now in its 4th year, covers the attitudes of legal professionals, identifying a marked increase in the percentage of legal firms who think the probate process is "slow and inefficient"; which has increased from 67% in 2022, to 94% this year.

In the first part of this year's report, released earlier in 2024, reassuringly for the profession, 94% of people who turned to a professional for help, would do so again. So, says Tomczyk, the profession is doing something right! But inefficiency and capacity are major issues for firms.

57% of respondents said government need to be better; with delays at HMRC and HMCTS, not to mention the Probate Registry, a constant frustration. And that frustration is increasing, with over 65% of respondents saying they believe probate cases are delayed more than 50% of the time, compared to 39% in 2023.

And then firms themselves could be looking inwardly at investment in dedicated software and technology which will reduce admin. "Software is good at that stuff", say Tomczyk, "putting in information once and using it multiple times to populate court forms and estate accounts for example."

And technology has a huge role to play in the recruitment and retention of talent who are, says Tomczyk, digital natives, regaling a story from a recent university presentation where the room was filled with laptops and tablets, not pen and paper, for note taking.

The report is a fitting end to the latest series of the Today's Wills and Probate Podcast with some useful thoughts and takeaways for firms to think about into 2025 and beyond. The latest report can be downloaded via this link.

The Today's Wills and Probate podcast is available on your preferred podcast provider, and at www.todayswillsandprobate.co.uk. Subscribe today to hear all the latest news and views across the wills and probate sector.

Legal Services Director at Kings Court Trust Charlotte Toogood joins the latest Today's Wills and Probate podcast to impart her experience of working in estate administration over the last 16 years.

With contentious probate on the rise Charlotte shares her thoughts on what we can do as practitioners, and how we can better advise families to either avoid disputes, or deal with them constructively and to the benefit of all.

"There is a lot of information in the national press about estate planning; I don't agree with it all but people believe what they read and as professionals we have a responsibility to educate clients on the complexities, and realities of estate administration."

Take caveats as an example; they are so easy to place electronically and are incredibly impulsive; people simply don't realise the impact and the ensuing delays.

Asked how practitioners can pre-empt disputes Charlotte suggests we need to encourage families to have conversations in their lifetime; rather than wait when it's too late and the decision can't be explained. Clients need to be encouraged to be open about family dynamics; it is the role of the professionals to ask the right questions and encourage open communication from the outset of the relationship, says Charlotte.

She adds where disputes arise, staff can end up bearing the brunt of client frustrations and explains how as a business they have fine tuned their support for staff through line management, regular file review meeting, and the introduction of mental health first aiders at Kings Court Trust.

The podcast finishes with a case study of a complex matter in which Charlotte explains the scenario, and how, through working collaboratively as a business and with their clients and peers, they succeeded in bringing the matter to fruition .

The Today's Wills and Probate podcast is available on your preferred podcast provider, and at www.todayswillsandprobate.co.uk. Subscribe today to hear all the latest news and views across the wills and probate sector.

Today's Wills and Probate Host David Opie is joined by Birketts' Head of the Private Wealth Dispute Team Bernadette Baker and Partner in the team Kate Harris to discuss the case of Leonard v Leonard; a convoluted and disputed probate case concerning the estate of Jack Leonard and the validity of two separate Wills.

Bernadette leads with a comprehensive outline of the case, including considerations for Jack's blended families, his extensive business interests and in later life, failing health.

Kate picks up the details of the disputes which found the later Will, written in 2015, was not valid due to Jack's lack of testamentary capacity. But the case is important for practitioners for a number of reasons

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

The discussion also explores the impact of technology on this case, with Bernadette acknowledging in all likelihood there was evidence on Jack's phone and email accounts that would have been useful in the case; but the inability to access such information meant the evidence was lost. There is a message here for practitioners around advising clients on the ability of their loved ones to access electronics and accounts (like mobile phones) when they are gone.

A fascinating insight into the ramifications of a case that was widely reported on in the national and industry press from the team who successfully brought the case to the courts.

The Today's Wills and Probate podcast is available on your preferred podcast provider, and at www.todayswillsandprobate.co.uk. Subscribe today to hear all the latest news and views across the wills and probate sector.