Wills and Probate | Certainty National Will Register Blog

Guest Contributor: Trudy Rogers, Rogers Legal – Consumer Contracts Regulations 2013

August 29th, 2014

rogers-banner

Trudy has worked with Certainty for many years, previously as a partner at a Basingstoke law firm and now as owner of Rogers Legal. Here she offers some helpful thoughts as a guest contributor….

Trudy says: “Under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013 we have to give clients 14 days grace for cancellation so why not use Certainty during this time?

Trudy RogersWe can’t commence our services before the 14 days are up without the client waiver. However, if we draft our terms of business/confirmation of instructions appropriately wouldn’t it be a good time to use those 14 days to take instructions for a Certainty search on a potential probate or on a Deputyship application? The instruction for the Certainty search (including section 27 notices for a probate) could be a fixed fee transaction on an execution only basis but this would not be the same as engaging our services for the rest of the legal work.  If the client signs up to the Certainty search to be carried out within the 14 days it shows we are being pro-active, finding appropriate information and hopefully with a better chance of keeping the client. It’s important to show that we can look after clients and their interests whilst keeping to the spirit of the regulations”.

To contact Trudy call 01635 569670 or email trudy.rogers@rogers-legal.co.uk

For Certainty enquiries or questions please contact gerard@certainty.co.uk

Certainty Expert Webinars… Lockton Companies LLP | Legal Eye Consultants

August 19th, 2014

Webinar imageWe are  pleased to announce that the next instalment of Certainty Expert Webinars 2014/15 will be presented by Lockton Companies LLP.

Certainty Expert Webinars are presented by a selection of key professionals and have been carefully created to assist you and your business – identifying risks in the wills and probate practice area, providing you with guidance and solutions to manage those risks and helping you to secure and enhance your future probate work.

Please join us for our highly informative, complimentary 1 hour CPD accredited webinars.
Already available to Certainty members, we are pleased to extend this service to all firms and solicitors; places are limited and allocated on a first come first served basis so click here to register for the September webinar now.

Lockton Logo

Tuesday 9 September 2014 at 1pm
Presented by Lockton Companies LLP

Subject: “Risk Management as an effective business tool – a Professional Indemnity perspective”

Calum MacLean, a solicitor and Risk Manager for Lockton’s Professions’ clients, examines the risk profile of law firms – with a particular focus on Professional Indemnity claims for Wills, Trusts and Probate practitioners  – and explores how this information can be harnessed as an effective business management tool, to aid Professional Indemnity renewal and the operation of the business as a whole.

The Agenda

  • An overview of the claims profile of the profession
  • Common themes in Wills, Trust and Probate claims
  • Claims – preventative measures
  • Lessons learned from claims and complaints
  • Practical application of risk management in your business
Register now

Legal Eye

Also, coming soon………Thursday 9 October 2014 at 1pm
Presented by Legal Eye Consultants

Subject: “Compliance and risk – are you complying with the Code of Conduct?”

Agenda to follow.
Click here to secure your place.

For more information please call Certainty on 0845 408 0404 or email info@certainty.co.uk

Register now

Certainty Expert Seminars, Free CPD – The London Gazette Thursday 7th August 2014

July 28th, 2014

Certainty Expert Webinars:

The London Gazette | Lockton Companies LLP | Legal Eye Consultants

Following the highly anticipated launch of Certainty Expert Webinars with its exclusive Gill Steel, LawSkills, Webinar – we are  pleased to announce the next instalment of Certainty Expert Webinars from our 2014/15 programme.

Not to be missed – Certainty Expert Webinars are presented by a selection of key professionals and have been carefully created to assist you and your business – identifying risks in the wills and probate practice area, providing you with guidance and solutions to manage those risks and helping you to enhance your future probate work.

Please join us for our highly informative, complimentary 1 hour CPD accredited webinars.
Already available to Certainty members we are pleased to extend this service to all firms and solicitors; places are limited and allocated on a first come first served basis so click here to register for the August webinar now.

London GazetteThursday 7 August 2014 at 12 noon

Subject: “Section 27 Notices and You” presented by The London Gazette

This webinar will take you through the London Gazette’s new website and identify how Certainty and the London Gazette are working together to streamline the process of placing Section 27 Notices -  it will also identify how The London Gazette provides an effective tool in managing risk and how it continues to meet the changing needs of its users.

The Agenda:

  • What does a Section 27 Notice do?
  • What protection does it provide?
  • Case studies – how Section 27 Notices work in practice
  • How do I place a Section 27 Notice and what else do I need to know?
  • How Certainty and the The London Gazette are working together
Register now

Lockton LogoTuesday 9 September 2014 at 1pm
Presented by Lockton Companies LLP

Subject: “Risk Management as an effective business tool – a Professional Indemnity perspective”

Agenda to follow. Click here to secure your place.

Legal EyeThursday 9 October 2014 at 1pm
Presented by Legal Eye Consultants

Subject: “Compliance and risk – are you complying with the Code of Conduct?”

Agenda to follow. Click here to secure your place.

Regist

Stephensons Solicitors LLP: “We register all Wills. It’s good for our firm and our clients value the protection..”

June 26th, 2014

stephensons-solicitors

Stephensons Solicitors LLP is a full service law firm with offices in Altrincham, Bolton, Leigh, London, Manchester, St Helens and Wigan. Rob Gore, now Wills & Probate Partner, took the decision to join Certainty, as a Founding member, back in 2009.

Rob says “in 2009 Certainty was a ‘good idea’ but had not yet achieved any real recognition, endorsement or credibility. Joining did involve a ‘leap of faith’ at the time but we could see that the services were designed to assist our Wills & Probate work and clients, and we liked the idea of the marketing functions as well”.

Rob Gore

Rob Gore

Since then, Certainty services have become standard process for thousands of practitioners around the UK with Will registration and Will search, in particular, adopted as routine functions to protect the law firm, testator, executors, loved ones and beneficiaries.

Rob continues “Will Registration is an important part of our Will package. We have integrated it into our service, including it as part of the Will price. Client’s can opt out of the service if they wish but no-one does. Why would they? It is a simple, confidential process designed to protect all stakeholders of the Will. We know that, sometimes, an original Will is difficult to trace for many reasons and Will registration is a simple precautionary measure to guard against that. Stephensons regard this as best practice and Professional Indemnity providers see it as good risk management. We register all Wills. It’s good for our firm and our clients value the protection”.

Understandably solicitors are keen to protect client privacy and confidentiality. Some have raised concerns over this issue in relation to Will registration saying “but my client will not want their Will accessible to anyone who wishes to search the National system”. This is not how Certainty works. Rob says “Will registration generates an encrypted, secure record of where the Will is. We always keep the original, registration just records location. When a search takes place, Certainty does not disclose any information to the searcher, rather they inform us of the search, providing us with the searchers details, so that we can take the next step”.

Finally, Rob says “we see Will registration as a simple, effective process to look after the Will, the testator, their family, executors and beneficiaries”.

For more information please contact gerard@certainty.co.uk or call 0845 408 0404

‘Free Will registration? Yes, we had a fantastic response…’

June 19th, 2014

‘Free Will registration? Yes, we had a fantastic response…’

Gavin Glover and Martin Priest, owners of Glover Priest Solicitors, joined Certainty in 2012 having recognised the combined business opportunities and risk management measures available within membership. It was a simple decision for them.

Gavin Glover

Gavin Glover

Glover Priest Logo

Gavin says ‘Our business is formed as a collective of 6 previously independent practices, all with their own Willbanks, so we understood the potential issues arising from Wills not being found, clients ‘losing contact’ with the original Will or beneficiaries not finding us’. He continues, ‘As Wills & Probate practitioners we saw the logic of the National Will Register, though we hadn’t appreciated that the National Will Search service also covers unregistered Wills. This is a major benefit prior to estate distribution and we understand that the question of Certainty now appears on our Professional Indemnity forms’.

Martin explains how they also saw an unexpected benefit, ‘What we found really interesting was the opportunity available to our business and clients through the free Will registration offer. Certainty provided us with free registrations for our entire Willbank and we set about uploading the data onto the TOUCH Willbank Management system, which we did by bringing in a school leaver. This allowed us to offer the free service to our clients and, yes, we had a fantastic response, with around 5,000 of 8,000 clients contacting us to take up the offer. Needless to say many of them needed to review the Will while others asked us to produce an LPA’.

Martin Priest

Martin Priest

Gavin confirmed the impact on the business, ‘we saw this as a excellent opportunity to give something back to our clients, while cleansing our data, strengthening client loyalty and producing business… all at the same time. And many of our clients confirmed the free registration offer was the prompt they needed to contact us to amend and update their Will’.

Certainty helps law firms control and manage their Wills & Probate business while implementing risk management and, so, avoid the increasing risk of negligence or probate claims, which are now 2nd highest in the legal profession and projected to rise. Martin says ‘we, as a business, and our clients, find it reassuring to know that Will registration protects traceability of the Will and, therefore, our probate work, whereas Will search protects us, and executors, from a claim should a Will, or a later Will, be found after distribution’.

For more information please email gerard@certainty.co.uk or call 0845 408 0404

Law Society Private Client Annual Conference & Certainty Expert Webinar with Gill Steel

June 18th, 2014

Don’t the years fly by?! We are once again very pleased to announce our support by sponsoring the Law Society Private Client Section Annual Conference; this is our 6th year running!

It is quite an occasion and a fantastic opportunity for the Certainty team to be able to meet Certainty members face-to-face, and also provide information to those who are interested.

Important Note
The ever-popular Certainty Sheaffer Pens will be making another star appearance this year, but in addition, we have added a rather stylish and very useful stainless steel Certainty thermal flask. Visit the stand and pick up your complimentary flask!

Also…
Did you notice that Certainty has launched a new value added service – Certainty Expert Webinars?
Due to popularity, we have extended the attendee limit for the upcoming, complimentary Certainty Expert Webinar with Gill Steel. Scroll down for details or click here to secure your place.

We look forward to seeing you on the day.

Certainty Expert Webinar: Gill SteelGill Steel

‘the Unknown unknown’

Tuesday 8th July 2014 at 1pm

Certainty Expert Webinars is pleased to provide the opportunity for you to join Gill Steel, LawSkills, for a highly informative, complimentary 1 hour CPD-accredited webinar.

The Aim:

To support probate practitioners in estate administration by considering the particular risks associated with an unknown Will and suggesting some practical approaches to minimise mistakes.

The Agenda:

  1. The unknown Will or intestacy
  2. A little bit of psychology!
  3. The costs of unnecessary litigation
  4. Professional negligence issues – modern expectations

Tools to reduce the risks of litigation & professional negligence.

Secure your place

GUIDANCE NOTE: Advising a client on the need to undertake a Will search using Certainty.

April 21st, 2014

Guidance

GUIDANCE NOTE: Advising a client on the need to undertake a Will search using Certainty.

To help explain to a client the need for a Will search, here is some suggested narrative that you can use when giving advice in your client care letter, on your website or in other marketing materials.

Protection of/for Executors & Administrators – To help explain to a client the need for a Will search, here is some suggested narrative that you can use when giving advice in your client care letter, on your website or in other marketing materials.

Executors and administrators have the legal authority, responsibility and duty to distribute the deceased’s estate and can be held financially responsible for any mistakes made through any breach of duty.

Issues can arise if the estate is distributed on an assumed intestacy basis (without a Will) and a Will comes to light after distribution, or if the estate is distributed in accordance with the Will you hold, then a later Will comes to light.

To help prevent these issues, we advise clients that we undertake a Certainty Will search on their behalf. A Certainty Will search will check Certainty the National Will Register for ‘registered’ Wills and performs a regional search for ‘unregistered’ Wills with law firms in the areas where the deceased may have made a Will i.e. where they lived or worked during their lifetime.

A Certainty search helps to protect against claims brought about through the distribution of an estate on an assumed intestacy basis or not proving the last Will The Certainty Will search provides proof that reasonable steps have been taken to search for a Will or prove the last Will and therefore helps protect against claims arising for wrongful distribution.

The search is an allowable and recoverable disbursement from the estate. A search with Certainty the National Will Register for ‘registered’ Wills is £33+vat or to check for both registered and unregistered Wills using a Certainty Will Search Combined it is £90+vat.

If you have found a ‘Certainty Certificate of Will Registration’ then we would advise that a search of the Register is undertake, if not then we would recommend a Certainty Combined Will Search is undertaken.

Note to Practitioners – to perform a search log onto to www.certainty.co.uk

Guidance 2

HOW TO GUIDE: Perform a Certainty Will search
1. Log on to www.certainty.co.uk
2. Select the required type of search;
3. a) ‘Combined Will Search’ if a registration
certificate is not presented – Enter the details
requested, namely deceased details: name,
DOB, date of death, last known address and
any previous addresses.
b) ‘Register Will Search’ if a registration
certificate is presented – Enter the Certificate
or Registration number plus the above details.
4. Enter your details
5. Enter payment details
6. Confirm details and submit search

HOW TO GUIDE: Perform a Certainty Will search

1. Log on to www.certainty.co.uk

2. Select the required type of search;

3. a) ‘Combined Will Search’ if a registration

certificate is not presented – Enter the details

requested, namely deceased details: name,

DOB, date of death, last known address and

any previous addresses.

b) ‘Register Will Search’ if a registration

certificate is presented – Enter the Certificate

or Registration number plus the above details.

4. Enter your details

5. Enter payment details

6. Confirm details and submit search

“Certainty? Provides protection & produces business. It’s so simple….”

April 11th, 2014

Myers & Co

Myers & Co Solicitors of Stoke-on-Trent joined Certainty in 2010 when Steve Myers saw an opportunity to protect his Wills & Probate business and clients. Steve saw this as particularly important as his firm is located adjacent to large national legal service providers. He says “There was a lot of competition emerging in this area and I was concerned that it would impact negatively on my business”.

Stephen Myers

Stephen Myers

As an ‘early adopter’ Steve was initially drawn to the client facing and marketing benefits of Certainty and this element has indeed proved to be successful for his law firm. “Initially I was attracted to the free archived Will registration for our clients and this has helped us to re-engage with them and, in some cases, generate extra business”.

Regarding new Will clients Steve says “We have also found that by embedding Will registration into our Will service we are providing a more complete service, allowing us to ‘embrace and inform’ our clients, providing a great reason and platform to stay in touch with them. Certainty has helped us to secure and strengthen client loyalty and that has to be good for business. We see our Will clients as potential clients for other services; LPA’s, conveyancing, anything that we can assist them with”. Certainty Will Registration and TOUCH Willbank management combine to help Myers & Co maximise opportunities for fee income.

But the service is more than ‘business and marketing’. It is also about enhancing the great legal services provided to the clients of Myers & Co. Steve says “We see Will Registration as a simple process to verify that we have advised a client, drafted a Will and, following attestation of the Will, stored the original document in a secure location. Registration gives peace of mind that, no matter what happens when the testator dies, the family and beneficiaries can find us, the holder of the original Will. We are controlling the positive outcome of the Will to benefit our firm, the testator, their family and beneficiaries’.

Steve is also clear that Certainty has significantly contributed to their risk management and OFR measures. “We know that PII providers see Certainty as a way of managing risk in Wills & Probate and we were not surprised to see the recent Legal Opinion which advises the use of Certainty to mitigate risk”. He continues “It makes sense to use recommended technology to help our clients achieve a suitable outcome – firstly, that a Will can be found through Will Registration and, secondly, that we are dealing with the last Will when dealing with a probate matter through Certainty Will Search. It’s so simple”.

For further information please email gerard@certainty.co.uk or call 0845 408 0404

SPG facilitate Will Search for its members and their clients

March 18th, 2014

SPG

SPG facilitate Will Search for its members and their clients

The Sole Practitioners Group is pleased to announce that in conjunction with Certainty, through an SPG dedicated portal www.certainty.org.uk/spg, their members can now access a national Will search service for registered and ‘unregistered’ Wills.

Finding a Will following a death is one of the first tasks people face. Firstly, some may look for a Will to check for funeral arrangements and secondly, everyone needs to look prior to proceeding with distribution of the deceased’s estate.

This is where the problem and risk can arise. If a Will can’t be found, was there one? If a Will is found, who can be sure it is the latest version? If the client says there wasn’t a Will, how can they be sure?

In a claim driven culture and in a practice area that attracts the second highest value of claims against our PI Insurance how do we help reduce the risk of a Will or subsequent Will coming to light after we have distributed the estate? In a society where matrimonial breakdown produces complex arguments over a couple’s assets and in thisrecession-burdened nation, inheritance is now being increasinglyfocused upon, and fought over.

One solution to help prevent a scenario arising that can result in disgruntled beneficiaries, administrators or executors bringing professional negligence claims is Certainty, the National Will Register.

Certainty provides the profession with a positive ‘circular’ solution consisting of the ability to be able to register a Will so it can be found. Importantly, Certainty also provides the ability to search for a Will that has not been registered.

To this end the Sole Practitioners Group is pleased to announce that in conjunction with Certainty , through an SPG dedicated portal www.certainty.org.uk/spg, our members can now access a national Will search service for registered and ‘unregistered’ Wills.

SPG have had open conversations over recent years with Certainty to understand whether the service it offers is of value to Sole Practitioners who provide Wills and Probate services to their clients.  You may have met them at our recent conferences!

It is fair to say that the size of Certainty’s Register and its ability to search for unregistered Wills makes what they do very relevant. Of real value is the fact that Certainty Will search is now widely recognised to greatly reduce risk during estate distribution. Certainty Will search is legally referenced and recommended to establish the existence of a Will or the last Will and therefore provides a practitioner with evidence of a search to reduce the increasing risk and mitigate against a negligence claim.

Indeed, last year at our Annual Conference, one of our speakers, Mark Baxter ofFive Stone Buildings, explained how in his view we should not proceed with a probate or estate administration matter without a Certainty Will search being first carried out to protect against claims. Further to this, Thomas Dumont ofRadcliffe Chambers, has issued a very clear legal Opinion stating the same.

An unknown Will that is found, is good for the testator, executor, family and the practitioner. The  testator’s last wishes are upheld and the executors can distribute the estate with peace of mind. Certainty Will search provides a high level of ‘certainty’ and protection. We should welcome the opportunity in not having to take what could be an expensive risk, when a low cost Will search, which can be billed as an allowable disbursement from the estate, can be made quickly and easily.

Members should also be aware that SPG will receive a commission payment from Certainty on any Wills search conducted through the SPG dedicated portal www.certainty.org.uk/spg.  This means that we can raise vital funds to continue to run SPG and to provide the services and support that benefit all our members.

To assist those of you who do not already use Certainty, we will shortly be running a webinar to outline these risks and to also provide an overview of the Thomas Dumont legal Opinion. There is also a ‘How To Guide to Certainty’ that is available.

In the meantime to perform a Will search (from £33+vat) visit www.certainty.org.uk/spg

For any other matters contact Hilary Underwood, SPG Co-ordinator on info@spg.uk.com or info@certainty.co.uk


Estate distribution backed by a legal opinion…

February 20th, 2014

tom_dumont

Complimentary Webinar: Thursday 27th February 12 – 1pm

Estate Distribution backed by a Legal Opinion

Improve risk management and remove risks with a single solution

A Legal Opinion issued by the highly regarded Thomas Dumont (see Bio below) regarding the use of Certainty services explains how a legal professional can avoid professional negligence claimsthrough the use of Certainty Will Registration and Will Search. It also outlines the pitfalls and potential liability for those who do not.

The Opinion is incredibly positive for the legal profession as it demonstrates that Certainty provides a solution to protect against existing and emerging risks within the Wills and Probate practice areas.

Whether you are one of the thousands of legal professionals who already use Certainty, or not, we hope you find this complimentary webinar invaluable.

Bio: Thomas Dumont, Radcliffe Chambers, is recommended by the legal directories as a leading practitioner for traditional chancery, charities and professional negligence matters. He has been Advocate of the Year at STEP’s Private Client Awards, one of the Lawyer’s Hot 100 and is among City Wealth’s Most Highly Regarded Figures in Private Wealth Management.

Register for Webinar
In this webinar we will focus on the risks outlined in Tom Dumont’s Opinion surrounding Probate and Estate Administration.

  • Thursday 27th February 2014, 12:00 – 1:00pm
  • Topic – How to avoid negligence claims during probate
  • Includes – Legal Opinion overview, how to mitigate against claims, real life cases studies, how to spot potential areas for concern.
  • Q&A session
  • CPD accredited 1 hour (SRA)

Please note that places are genuinely limited so please register at your earliest possible convenience.

128bit SSL Accepted cards