Getting together
by Patricia Wass
I am writing this column shortly after the Probate Section Annual Conference, which took place in London in July. This edition includes a number of follow-up articles by conference speakers. I hope those of you who attended found it worthwhile and interesting, and that you had an opportunity to share experiences with other delegates.
Martin John, the Public Guardian, gave the keynote address, on the workings of the Office of the Public Guardian (OPG). I think it is fair to say that there are now far fewer delays than there were following the start of the ‘new regime’ in October 2007. He noted that many of the lasting powers of attorney (LPAs) rejected in the early days were submitted by solicitors who hadn’t prepared the forms correctly – so I think we all had a ticking off! The new LPA form should be available soon – much more streamlined and shorter, I am sure it will be welcomed by the profession.
I was very interested to hear his ideas on the future of LPAs. He gave the example of a ‘passport-type’ document, which could be issued and then sent back to the OPG for additions and amendments – a little like adding visas to passports. It will be interesting to see how this develops. I applaud his consultative approach – he is obviously meeting with stakeholders (including Helen Clarke on behalf of the Law Society’s wills and equity committee and the Section) to solicit the views and ideas of practitioners about the use of the documents.
We asked delegates a number of questions to answer by using voting buttons. I mentioned in the last edition of PS the increasing debate about the Section’s name: the overwhelming view of delegates was that it should be changed to the ‘Private Client’ Section. I support this, as I think it more accurately explains the work we do. If the committee agrees at our next meeting, we will approach the Law Society to facilitate the change as soon as practicable. We also asked delegates how much they used the Section’s website, and were a little surprised at the less-than overwhelming response – as 21st century lawyers, we should all be embracing technological advances. It seems we have more work to do to raise members’ awareness of the website as a source of useful information and a networking tool.
Other questions related to the Section’s seminar programme, and how members are coping in the recession, including questions on staffing changes and on their current competition. But perhaps the most important question was the last one: “Is Andy Murray going to win his Wimbledon match today?” The overwhelming response was that he would, but unfortunately the result was the opposite!
The committee meeting the day before the conference was very full. Aarti Gupta from Mencap and Stephen George from the NSPCC talked about their campaign, Remember a Charity. They are seeking to forge relationships with practitioners administering estates with charitable legacies, and raise public awareness of charities and making charitable legacies. It was agreed that there should be best practice guidelines for charities and practitioners working together. I know practitioners have had varying experiences of dealing with charities; this project aims to change perception and encourage mutual cooperation, which ought to benefit all.
George Hodgson, the head of policy at the Society of Trust and Estate Practitioners (STEP), spoke about a new consultation with HM Revenue & Customs (HMRC) on working with tax agents. It was interesting to hear the STEP view, and we were urged to assist them in making submissions to HMRC, which we will do on your behalf.
Tom Curran and Nick Beetham of Title Research raised some concerns about the use of genealogists. The public do need to be protected from organisations looking for unfair advantage in securing payment for ‘tracing beneficiaries’, and we should pursue best practice guidelines and, possibly, regulation of this area of work.
We considered how the Consumer Protection (Distance Selling) Regulations 2000 affect practitioners making visits to homes and hospitals to take instructions for wills and powers of attorney. Helen Clarke, with the assistance of the wills and equity committee, is seeking clear guidance from the Law Society to help practitioners avoid accidentally committing a criminal offence by not following the regulations properly. Practitioners should read the regulations and amend their terms of business to contain reference to them.
The Law Society has released a new practice note on making gifts of assets. I represented the Section on the working committee developing it – I hope you find it a useful tool when approached by clients who wish to enter into deeds of gift. As always, if there are any issues that you wish the Section to take up on your behalf, please do get in touch.