Register now to receive our revised probate factsheets.
ACCA has been an approved regulator for the reserved legal activity of probate in England and Wales since 2009. As part of the process to authorise members and firms to undertake probate work, practitioners were emailed in August requesting that they respond to a consultation on the draft application that would be submitted to the Legal Services Board (LSB).
This is part of the process of gaining approval from the LSB for ACCA. As highlighted in the email, the draft application provides a comprehensive overview of the regulatory framework and processes, including aspects relevant to probate activities. It explains how ACCA will authorise individuals and firms to carry out probate work, and the regulatory and disciplinary procedures necessary to meet the requirements of the Legal Services Act 2007 and the LSB. The consultation closes for comments at 17:00 on 9 October.
The consultation states that ACCA will consider all feedback received by the comment deadline above. ACCA aims to submit the final application to introduce approved regulator regulatory arrangements for probate activities to the LSB in the autumn.
After the consultation has closed ACCA will help practitioners by updating our probate factsheets. This suite starts with ‘What to do when someone dies’ which begins with taking instructions, announcing the death, organising the funeral and conducting the initial interview to ascertain the type of probate applicable.
The various types of probate are explained in detail. The legal consequences are explained and the possible pitfalls pointed out. There is a complete set of model working papers and a glossary of legal terms in the appendix.
Other factsheets will look at administration of estates, taxation, calculations, forms required and distributions to beneficiaries.
The probate factsheets will be available – free of charge – on request to practitioners. Simply email firstname.lastname@example.org to register your interest in receiving these. Please include your membership number, firm and ‘probate factsheets’ in the subject line.
Members undertaking work in a personal capacity can obtain extracts from the factsheets and should include your name, membership number and ‘probate factsheets extracts’ in the subject line.