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.

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.

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.

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.

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.

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.