Afleveringen

  • 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.

  • 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 deadline for firms to complete the SRA form is by 13.00 on 23 September 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.

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  • 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.

  • 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

    helping charities understand what legacy marketing isenable charities to benchmark their spendhelping 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

    how much are you spending on legacy marketinghow many people are involvedwhat channels are you investing in

    recognising legacy gifting marketing is difficult to quantify, often because of the time between writing a final will, and death (c. 7 years). Legacy Benchmarking also looks at the conversion rate between pledges and money being left to charity and helps charities to understand which channels are most effective and offer the highest return on investment.

    Ashley is keen to debunk any moral dilemma for charities spending money on marketing; it is a key part of their outreach and done well, yields many more commitments of support.

    Legacy marketing spend has grown and now accounts for 6.2% of total fundraising spend, up significant from 5 years ago when it was 3.7%. But with legacies accounting for 42% of total fundraising, charities must continue to invest in it to maintain and grow their fundraising.

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

  • Regulation, collaboration and the response to the Competition and Markets Authority review of will writing services all form part of the latest Today's Wills and Probate Podcast. Host David Opie is joined by Antony Brinkman; CEO of the Willwriting Partnership and Chair of the Professional Standards Board (PSB).

    At the outset Antony explains the role of the PSB, a separate function from the Society of Will Writers, which is to enhance the skills and develop the competence and abilities of SWW members. Although its current role, which given the voluntary nature of membership for unregulated will writers is largely a support function, Antony sees that it may have a wider role to play in the future.

    As CEO of The Willwriting Partnership he is responsible for the growth and stability of the company, improving the quality of the work and what challenges he sees for the sector.

    Inevitably the topic of discussion moves on to regulation; we are moving in the right direction in terms of quality says Antony, and in his view it almost certainly will happen, citing the regulation of financial service, mortgages, and more recently funeral planning as examples of the direction of travel.

    Regulation wouldn't necessarily be a bad thing; but in Antony's view there is a risk heavy regulation would limit choice, which would most certainly be a bad thing. Indeed the PSB and SWW largely welcomed the recent CMA investigation, with its focus on providing greater clarity for firms around their obligations under consumer law.

    Could it have gone further? Almost certainly, says Antony. Mandatory membership would have been a much stronger message; we still face the conundrum of trying to bring into line organisations who operate outside of the consumer protections provided of the membership bodies which was a significant part of the investigation.

    The discussion is an interesting discourse on the present and future of the will writing sector and the roles the various industry may play on shaping it.

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

  • 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.

  • 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.

  • 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.

  • 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.

  • 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 teamRoles and responsibilities are clearly defined and people understand their own contribution to successProcesses and procedures are in place that ensure the training is effectivePeople 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.

  • 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.

  • 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

    You must be clear on exactly what you want done; which must be measurable, not an abstract principle such as "keeping the client happy."It must have a timeframeYou 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.

  • 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.

  • 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.

  • "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.





  • 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.

  • 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.

  • 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.

  • 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.

  • 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.