Wills and Probate | Certainty National Will Register Blog

NEW from November 5th 2014….Certainty Will Search Wednesdays. Claim a free Will Search..

October 31st, 2014

Will Search Wednesday

Have you ever questioned whether or not it is necessary to conduct a Will search?  We are pleased to announce the launch of Will Search Wednesdays, when you can speak to one of our advisors, who will address your questions.

Leading probate texts assert that best practice is to search in all cases. We will help clarify where a Will search may be appropriate.

For example:

  • How do you assess the risks hidden in each probate matter?
  • How do you mitigate these risks?
  • Professional executor – How can Will search compliment your section 27 notices?
  • Were there charitable connections?
  • If you are holding a Will, how old is it?
  • Was there a complex family situation?
  • How well do you know the family of the deceased?

In our Will Search Clinics we can answer all these questions and more … all you wanted to know about Will searches, but were too busy to ask.  Plus, we can take you through your first Will search.

We will be running a Will Search Clinic every Wednesday between 9.30 and 11.00 am from 5 November, and we are offering a free Will Certainty Register Search to the first 10 callers*.

Call us on Wednesday on 0845 408 0404 to find out more about Will searches.

Certainty Expert Webinars, 13/11/2014, Presented by Mark Baxter of Five Stone Buildings – Risk, Negligence and Intestacy

October 28th, 2014

5 Stone BuildingsWe are pleased to announce that the next instalment of Certainty Expert Webinars 2014/15 will be presented by Mark Baxter of Five Stone Buildings on Thursday 13 November 2014 at 12 noon.

Mark Baxter has a broad traditional chancery practice, with a particular emphasis on probate, estates, family provision, trusts disputes, Court of Protection work, and related professional negligence, divided roughly equally between litigation and advisory work. He is co-author of Risk and Negligence in Wills, Estates and Trusts (Second Edition published April 2014).

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. Places are limited and allocated on a first come first served basis so register for the webinar now.

Mark Baxter of Five Stone Buildings Ltd guides you through “Risk, Negligence and Intestacy: risk and pitfalls in administering intestate estates, and the steps that may be taken to minimise or avoid them”

Webinar image Agenda

The basis for the grant
The person entitled
The beneficiaries
Distribution
Avoiding litigation

Book now and reserve your place…..

Register now

If you have any questions please email info@certainty.co.uk or call 0845 408 0404

November Make a Will campaign – more solicitors urgently needed

September 26th, 2014

Will Aid 2Will Aid, the UK’s top charity Will campaign, is urging solicitors who want to give something back to their community to sign up to this year’s campaign.

Throughout November participating solicitors write basic Wills for their Will Aid clients without charging their usual fee. Instead, clients are invited to make a voluntary donation to the Will Aid charities. The suggested minimum donation is £95 for a single basic Will and £150 for a pair of mirror Wills.

For the last 6 years an ongoing partnership between Will Aid and Certainty the National Will Register has allowed clients to register in excess of 30,000 Wills for free with Certainty. Registering a client’s Will ensures that the beneficiaries and executors can always find the firm that wrote the Will when the testator has died. Last year’s campaign encouraged around 24,000 people to make a legitimate Will with a participating solicitor, and £2.1 million was raised for the Will Aid charities.
Shirley Marsland, Campaign Manager, commented: “We anticipate that around 70,000 people will try to arrange an appointment for November with a Will Aid solicitor. Usually our solicitors can only accommodate about one third of this amount. This means that thousands of people are disappointed and that law firms around the UK are missing the opportunity to meet thousands of potential new clients. This is why we urgently need more solicitors to join us.”

Please sign up today online at www.willaid.org.uk/solicitors. Alternatively, call us on 01460 271178 or email enquiries@willaid.org.uk

NB Certainty Members will be able to register all Wills written under the Will Aid campaign, for free, without affecting their existing registration credit allowance


Write and Register a Will Week – media success for Certainty

September 24th, 2014

News LogoThe Certainty and Unbiased Write and Register a Will Week media campaign hit the press recently, successfully achieving national coverage in The Sunday Times, The Independent and The Express.

The research-based campaign (see results below) encourages people to write and register their Wills.  It is evident from the research that too few people still do not have a Will in place. Procrastination seems to rule for many with a belief that people should make their Will when they are older.

This year’s research* reveals:

  • 28.7 million of the UK adult population (57%) are at risk of dying “intestate” (without any legal orders regarding their estate)
  • Nearly 78% of adults in their 30s and more than 68% in their 40s have no Will in place
  • Even those getting older are overlooking the importance of making a Will, according to the financial website unbiased.co.uk
  • More than half (54%) of those surveyed in their 50s and 27% of those in their 60s have left no official bequests
  • 68% of people expect to leave property valued at an average of £182,000 to someone on their death
  • 75% intend to leave as much as £51,000 in cash and 56% say they want to pass on assets such as paintings, jewellery and antiques worth around £22,000

* Source Certainty Unbiased survey July 2014

Certainty has a much larger campaign scheduled later in the year, targeted at the millions of people who do not have a Will.

To find out how to register your Wills for free and how Certainty has made Wills and Probate better for thousands of solicitors and their law firms, please….

call 0845 408 0404 or email certaintyinformationrequest@certainty.co.uk

Certainty Will Search….Interesting ‘Will Finds’

September 23rd, 2014
Interesting Will Finds
• Certainty Will Search finds a Will written in 1966 – Will lost by the
Guinness Book of Records memory holder.
• Certainty Will Search finds 3 Wills for the same testator dated 1997,
2006 and 2012!
• Certainty Will search ensures charity receives legacy of £168k which it
would not otherwise have secured.
• Certainty Will search finds a 2011 Will hours before a financial institution was
about to distribute an estate using a 2001 Will.
• Certainty Will Search finds Wills every day which are mistakenly believed
not to exist.

will search binocsThousands of practitioners around the UK are using Certainty to protect Wills & Probate clients, business and risk profile. 90% of PII providers recommend Certainty to manage risk.

Certainty Will Registration is a simple effective process to safeguard the traceability of the original Will, protecting the stakeholders of the document.

Certainty Will Search exists to find registered and unregistered Wills, including those held by law firms who are not Certainty members, Will writers and Will storage facilities. Here are just a few examples of many:

· Certainty Will Search finds a Will written in 1966 – Will lost by the Guinness Book of Records memory holder.

· Certainty Will Search finds 3 Wills for the same testator dated 1997, 2006 and 2012!

· Certainty Will search ensures charity receives legacy of £168k which it would not otherwise have secured.

· Certainty Will search finds a 2011 Will hours before a financial institution was about to distribute an estate using a 2001 Will.

Certainty Will Search finds Wills every day which are mistakenly believed not to exist and is now a key element of the probate workflow process, protecting against the increasing risk of probate claims.

It is a key component in the probate workflow process showing that all possible steps were taken to establish the existence of a Will or a later Will.

For further information on Certainty Will Search or Membership please contact info@certainty.co.uk or telephone 0845 408 0404. Otherwise please contact me directly at gerard@certainty.co.uk

Certainty Expert Webinar: Legal Eye Ltd – “Compliance and Risk – are you complying with the Code of Conduct?”

September 19th, 2014

Legal Eye

Presented by Legal Eye Consultants – “Compliance and Risk – are you complying with the Code of Conduct?”

We are pleased to announce that the next instalment of Certainty Expert Webinars 2014/15 will be presented by Legal Eye Consultants on Thursday 9 October 2014 at 1pm.

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. Places are limited and allocated on a first come first served basis so click here to register for the October webinar now.

Emma Robins of Legal Eye Ltd offers practical advice and tips for Compliance and the role of the COLP.  Emma will also explore the COLP and Fee Earners’ responsibilities for Wills & Probate matters emphasising the importance of Customer Due Diligence and how this reduces risk overall.

Webinar imageAgenda

The SRA Code of Conduct
The role of the COLP
Common pitfalls found in the Client Care process
Risk Management
Wills – identifying the risks and managing them

So, take advantage of the latest Certainty Expert Webinar – click here to register

If you have any questions about Certainty services or membership please contact us…..

t: 0845 408 0404 e: solicitors@certainty.co.uk

More solicitors (including Certainty members!) urgently needed for November’s Will Aid campaign

September 11th, 2014

Will Aid 2Will Aid, the UK’s top charity Will campaign, is urging solicitors who want to give something back to their community to sign up to this year’s campaign.

Throughout the month of November, participating solicitors write basic Wills for their Will Aid clients without charging their usual fee. Instead, clients are invited to make a voluntary donation to the Will Aid charities. The suggested minimum donation is £95 for a single basic Will and £150 for a pair of mirror Wills.

Thanks to the on-going partnership between Will Aid and Certainty, clients can register their Will for free with Certainty so that it can easily be located when needed. Certainty members participating in Will Aid are reimbursed with the Will registrations they use during the campaign to avoid using their own registrations.

Last year’s campaign encouraged around 24,000 people to make a proper Will with a participating solicitor, and £2.1 million was raised for the Will Aid charities.

Shirley Marsland, Campaign Manager, commented:

We anticipate that around 70,000 people will try to get an appointment for November with a Will Aid solicitor. Usually our solicitors can only accommodate about one third of this number. This means that thousands of people are disappointed and that law firms around the UK are missing the opportunity to meet thousands of potential new clients. This is why we urgently need more solicitors to join us.”

Please sign up today online at www.willaid.org.uk/register.  Call us on 01460 271178 or email enquiries@willaid.org.uk

The National Association of Funeral Directors & Certainty

September 5th, 2014

NAFD

We are pleased to announce that our exclusive agreement with the National Association of Funeral Directors (NAFD) has been extended until 2020. Certainty has been providing Certainty Will Search and Certainty Will Registration for several years now.

This has had two positive effects:

  1. Firstly, immediately after a death the family can search to see if a Will has been registered, and if so, they can see if it contains funeral wishes and act accordingly.
  2. Secondly, a by-product of this process has been that solicitors who have registered their Wills with Certainty have seen an increase in the probate work they receive.

Case History

In a very sad case, a holocaust survivor had made a Will to prevent being cremated. A Certainty Will search was undertaken after the funeral had taken place. The search found the Will but unfortunately by this time the deceased had been cremated.

NAFD Search – What Happens?

The process is no different to the usual Certainty Will search;

  1. A search is undertaken at the point of arranging the funeral (the search may notify you that a funeral is pending).
  2. A Will is identified on Certainty the National Will Register.
  3. Certainty does not disclose this information to the ‘searcher’!
  4. The searcher’s details are passed to the law firm who holds the registered Will.
  5. The law firm requests the death certificate and verifies the searcher’s entitlement to view the Will prior to disclosing its existence.

NB. At this stage the ‘searcher’ will be seeking to understand if there were any funeral wishes contained within the Will. Following this course of action you should arrange a suitable time after the funeral to discuss the probate matter.

UPDATE: The relationship has developed to another level whereby Certainty Will Search now forms part of the educational syllabus for training and development of Funeral Directors.

Approaching five million Wills are now within the system and this figure grows daily.

For further information please contact us t: 0845 408 0404 | e: solicitors@certainty.co.uk


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

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