Executing probate can now be carried out by non-solicitors

Friday 10 December 2004 at 8:50 pm | In News | 1 Comment

New providers can now offer probate services for a fee.  Until today only a solicitor, barrister or duly certified notary public could charge for providing probate services.
The provider must be a member of a body that have been approved by the Secretary of State for Constitutional Affairs will be able to offer these services to the public. The Legal Services Ombudsman will have an oversight role for bodies authorised by the Secretary of State to offer probate services and members of the public will be able to take a complaint to the Ombudsman after going through the complaints procedures established by the Department for Constitutional Affairs. Effective by s55 of the Courts and Legal Services Act 1990 although ahead of Sir David Clementi’s review into the regulatory framework governing legal services.

Probate is: When a person dies their estate (money, property and possessions) has to be deal with by collecting in all monies, paying any debts and distributing what is left to those people legally entitled to it. In order for a person (or persons) to get the required authority to do this, they usually need to obtain a legal document called a Grant of Representation (either a Grant of Probate or a Grant of Letters of Administration) from the Probate Registry. While most probate transactions are carried out by solicitors, it is possible for a person to carry this out on their own behalf. They are not allowed to do the work for payment.

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  1. This change has proved much needed.

    Comment by CLHC Probate Valuations — Tuesday 24 November 2009 1:02 pm #

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