In the latest episode of the Today’s Wills and Probate Podcast, host David Opie discusses the intriguing and often surprising world of probate genealogy with Eileen Lavelle, Regional Head at Anglia Research. Eileen offers a behind-the-scenes look at what it means to be a probate genealogist and how their work dovetails with the probate process.

Eileen's day-to-day role involves identifying and locating rightful heirs, constructing family trees, and providing solicitors with the necessary documentation to administer estates. Sometimes, it’s as simple as finding a missing son; other times, it’s a complex web of international research and historical detective work.

“No two days are the same,” she says. “You never know what you’re going to find when you start your day.”

Understandably much of the research work has moved online but it's not that long ago when much of Eileen's time was spent in and around Greater Manchester searching through microfilm and dusty library books. And while online is helpful, the key is to know where to look. “If you don’t know the sites exist, you can’t access the information,” she says.

Eileen shares a couple of anecdotes of cases of disappearing relatives who turn up on the other side of the world, bigamously married; and the case involving finding 72 beneficiaries for a £1.5m estate in Cornwall.

The discussion also touches on Missing Beneficiary Insurance (MBI) and where and when it is most appropriate to protect beneficiaries and professionals.

As society becomes more mobile and family structures more complex, Eileen anticipates that probate genealogy will only become more challenging. Blended families, unmarried parents, and international migration all complicate the process of proving relationships and inheritance rights.

Throughout the discussion Eileen's passion for the work is evident "I can’t believe I get paid for this!"

The Today's Wills and Probate podcast is available on your preferred podcast provider, and at www.todayswillsandprobate.co.uk. Subscribe today to hear all the latest news and views across the wills and probate sector.

Thank you to our podcast sponsor VacantC Legal Recruitment

The latest Today's Wills and Probate Podcast welcomes workplace culture and staff retention specialist Andre Thomas of Thomas Telman to discuss the critical importance of cultivating a positive workplace culture and the direct impact this has on staff retention and overall business success.

The firm has created a empirical methodology by which culture can be measured through engagement surveys, focus groups, and one-on-one interviews. He identifies 15 key data points for assessing culture, including career development, psychological safety, retention rates, and recruitment costs. By gathering both quantitative and qualitative data, firms can gain a comprehensive understanding of their workplace culture and identify areas for improvement.

Throughout the discussion Andre shares some of the detail of this methodology which can reduce the likelihood of errors and claims (engaged and satisfied employees are less likely to make mistakes), create positive cultures where employees feel valued, and aligned with the company's values increasing productivity, and plays a sizeable role in attracting and retaining top talent and ultimately improving profitability.

Andre Thomas explains that many firms fail to take culture seriously due to a lack of clear definition and measurement. He argues that culture is not about superficial perks like table tennis tables or bean bags but about the genuine employee experience. Conversely, a toxic culture is marked by poor communication, lack of psychological safety, and high turnover.

He encourages firms to be open about their findings and involve employees in the process of making improvements; trust and transparency are the foundations of a positive workplace culture, which in turn drives staff retention and business success.

The Today's Wills and Probate podcast is available on your preferred podcast provider, and at www.todayswillsandprobate.co.uk. Subscribe today to hear all the latest news and views across the wills and probate sector.

Thank you to our podcast sponsor VacantC Legal Recruitment

In this latest episode of the Today’s Wills and Probate Podcast, host David Opie is joined by Stephen Lawson, Partner at IDR Law and Elizabeth Gibbison, a solicitor at Irwin Mitchell and Chair of Law Society Private Client Solicitors Section Advisory Committee, to discuss the likely contents of the Wills Act 1837 by the Law Commission, its wider implications, and the broader legislative changes facing the private client sector

The Wills Act has remained largely unchanged for over 150 years. The Law Commission first tackled its reform in 2017, paused to address marriage law, and revisited it with a supplementary consultation in 2023. The result will likely be a comprehensive overhaul of how wills are made and interpreted in England and Wales.

A central feature of the report is the legal recognition of electronic wills. While the Law Commission supports their introduction, the specific technical requirements - such as identity verification and safeguards against fraud - will be left to statutory instruments, meaning further regulation from Parliament. The Commission is also likely to recommend that courts be granted the power to dispense with certain formalities, allowing them to validate wills that clearly reflect a deceased’s intention - even if they technically fall short of legal requirements.

Cases involving predatory marriages and dementia may also be tackled as efforts to protect vulnerable people are reviewed; including the automatic revocation of a Will following marriage.

A key point of contention is whether to retain the long-established Banks v Goodfellow test or move toward the more modern Mental Capacity Act 2005 framework. Lawson argued in favour of Banks v Goodfellow for its clarity and practicality, while Gibbison proposed a hybrid approach, using both tests complementarily.

The report comes at a hugely exciting time in private client practice with IHT reforms, Non-Dom regime changes, Assisted Dying, cohabitation reform and digital transformation all play out over the course of the next few years.

The Today's Wills and Probate podcast is available on your preferred podcast provider, and at www.todayswillsandprobate.co.uk. Subscribe today to hear all the latest news and views across the wills and probate sector.

Thank you to our podcast sponsor VacantC Legal Recruitment