Outside In
by Patricia Wass
The May meeting of the Probate Section executive committee had an interesting and informative agenda, sparking some lively debate on a number of issues.
I have referred to the Non-Contentious Probate Rules working group in Comment articles in previous editions of PS, and at the May committee meeting, we were updated on the recent meetings of the working group and the probate registries group, to which we contribute. I have written an article for this edition setting out my own views on potential outcomes of the consultation and changes to the rules. As a solicitor working in private practice, I am aware of the issues with the current system of applying for grants of representation, and I hope that any changes will be practical and will lead to a more consistent approach in respect of the issue of grants across the country.
We invited Hilary Fisher, a representative from the National Council for Palliative Care (NCPC), to give a short presentation on the objectives of the organisation and how, as solicitors, we could enhance their work.
The NCPC is the umbrella charity for all those involved in end of life care, including, for example, GPs, and those working in the voluntary and independent health and care sectors, funeral sector, or legal profession.
Having lost my own, much loved husband at the beginning of April this year, following a brave six-month battle with terminal cancer, I appreciate how important it is to talk to loved ones about how they perceive their end-of-life choices, to make plans, talk about funeral arrangements, go on those final trips, and so on. This is something which, as a society, we do not talk about enough. One of the objectives of the NCPC is to ask us, as solicitors, to raise awareness of these issues with our clients so that, where possible, people can be encouraged to ‘die well’. Tony Collinson, a member of the Section committee, has written an article for this edition about the NCPC.
We were also visited by Tom Curran and Julia Szczepanski, from Title Research, who provided us with a very useful update on their work concerning the ongoing debate about genealogists’ continued use of contingency fees. Support for their campaign is growing on a number of levels, and we should be aware of the issues both for and against the use of contingency fees when tracing ‘missing’ beneficiaries.
Meanwhile, the project to improve the Section’s website is progressing well. The executive committee will be working closely with the Law Society to make sure that the site meets the needs of its members, so if you have any feedback or ideas, please do let us know.
We have also been working on the probate e-alert, and we hope you agree that the format and content of recent editions is a great improvement. We are particularly fortunate to have the regular input of Professor Lesley King in keeping us updated with case law, legislation and practice affecting our area of work.
You will note that we continue to provide regular seminars and webinars for our members, and I hope that you are all taking advantage of the free webinars on various subjects given by a number of speakers. Ralph Cross, the executive committee member who has organised the seminars for the Section for the last eight years, will be standing down from the committee this month, and I would like to express my thanks to him. We are much indebted to him for all the time and organisation that has gone into this most important part of our offering to our members.
We are encouraged to see that member numbers have increased this year, but it would be good to see more younger recruits to the Section. We are currently working with the Law Society in its efforts to look at different ways of bringing in ‘new blood’ to the private client sector.
The final arrangements for The Probate Section Annual Conference 2010 this month were also discussed at the meeting, and it may be that, by the time you read this column, the conference will have taken place. I trust that those of you in attendance this year will have found it informative and relevant to your practice.
In July, we will, no doubt, see some new faces coming to join us on the executive committee, as one or two of our members step down. It is always good to have new ideas and enthusiasm, and I look forward to working with those new committee members.
As always, please do get in touch if there are any concerns you wish to raise or matters you would like the committee to deal with.