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

Arken Group CEO Dave Newick joins the Today's Wills and Probate Podcast to discuss the output of a recent report published by Arken looking at the current landscape of the private client sector.

The podcast focuses on three key discussion points borne out of the report; law firms and professionals need to be;

1. better at understanding the data they hold
2. proactively manage the changing employment landscape
3. explore scalability and finding their marketplace.

"Strategically navigating a consolidating estate planning market" looks at the current activity around the acquisition of smaller firms by larger firms actively seeking to build their will banks and client databases. Dave outlines how the arrival of private equity into the sector is impacting and warns with a general lack of succession planning, and changing workplace dynamics, firms are not always well equipped to deal with what's coming in the next 2, 5, and 10 years.

The total number of firms is diminishing and consolidators are realising the opportunity he says.

Where firms have an opportunity is in leveraging the data they hold in their client and will banks. Indeed, the value of firms is relative to their ability to interrogate, segment, and use their data for marketing purposes... in short the value of firms is diminished without the ability the leverage the data they hold.

On the changing employment landscape new models of employment are becoming more popular with the self-employed consultant style firm developing in private client having seen much success in conveyancing. The changes are driven by generations in the workforce who don't want to work in that traditional law firms way. Gen X'ers and Millennials value freedom and flexibility says Dave, and firms must be attuned to that.

And finally on distribution volume providers are scaling their businesses through partnerships with consumer organisations; how do you make the most of that when you don't have the scale to service at that level? Well, the answer says Dave is to be a part of the disruption; be in front of where the demand is and partner with introducers/IFAs etc. There is, he adds, renewed enthusiasm and interest in estate planning because of the great wealth transfer and with 27,000 licensed financial advisors there are plenty of opportunities to be targeting.

Strategically navigating a consolidating estate planning market white paper is available to review here.

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 Today’s Wills and Probate Podcast, host David Opie sat down with Mariam Khan, Solicitor at WMP Legal, to discuss the complexities of Islamic wills and estate planning.

Many will writers and solicitors do not have the expertise to draft wills that align with both English law and Islamic inheritance principles. Mariam Khan has developed this niche expertise, ensuring that her clients receive advice that respects both legal and religious frameworks.

Mariam’s journey into this specialisation began during her studies. While attending a legal exhibition in Birmingham, a solicitor approached her and suggested she consider focusing on Islamic wills. Having studied Islamic studies and Islamic inheritance laws in her youth, she found this to be a natural fit. However, she soon realised that Islamic wills are more complex than they initially appear and require in-depth training to execute correctly.

To refine her expertise, Mariam travelled to Pakistan for further education. This experience deepened her understanding of Islamic inheritance law, reinforcing the necessity of having knowledge in both English and Islamic legal systems. While the COVID-19 lockdown delayed her return, it provided her with an opportunity to immerse herself further in the subject.

A key distinction between standard wills and Islamic wills is the concept of testamentary freedom. In English law, individuals have the freedom to distribute their estate as they wish, including excluding certain people. In contrast, Islamic wills adhere to guidelines set forth in the Quran, specifying fixed shares for heirs. Mariam also outlined the key differences between English and Islamic wills.

When asked whether the Muslim community has a higher proportion of will-writers compared to other communities, Mariam noted a 50/50 divide. Historically, will-writing has been less common in the Muslim community due to a lack of awareness. However, as understanding of Islamic inheritance obligations increases, more individuals are taking steps to ensure their wills are correctly structured.

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

Podcast host David Opie in joined by CEO of the charity LawCare, Elizabeth Rimmer, to discuss their latest "Life in the Law" surveys which are now open for completion until Friday 21st March.

LawCare supports and promotes mental health and wellbeing across the legal services sector. They have 2 main focuses. Their first is in providing direct support on and offline for those who wish to reach out. Their second focus is on providing wider education and advocacy of mental health planning and promotion across the law. Importantly, says Elizabeth, LawCare help organisations understand how they can better support their people through identifying risk factors in the work place that undermine people's mental health

The survey last ran in 2020 with the results published in 2021 and found 69% of respondents said that had experienced poor mental health. Addressing some of the reasons why the survey found 1 in 5 respondents had experienced bullying and workplace harassment; and less than half of respondents with line management responsibilities had any formal training.

In 2025 there are 2 surveys to complete; one for individuals and one for organisations. More information about how to complete the surveys is on the LawCare website (Life in the Law) and below.

The surveys are asking questions about wellbeing, hours people work, psychological safety, burnout, management and support, and bullying and harassment.

For organisations, the survey is looking into whats steps are organisations taking to address the factors of poor mental health. Good mental health is a strategic investment, says Elizabeth. Staff who have positive mental health are going to be more effective, more productive, more likely to stay in the organisations.

The objective of the surveys is to help produce evidence based best practice for firms to practically implement into their organisations. This needs to be done properly, strategically, and you need to give people capacity to deliver it concludes Elizabeth.

Complete the surveys via the links below:

• Life in the Law 2025 (Individuals)
• Life in the Law 2025 (Organisations)

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 Today's Wills and Probate Podcast welcomes back Dan Warburton, a law firm consultant and trainer who specialises in helping individuals delegate work more effectively; in the process junior staff are elevated, the individual has a happier work/life balance, and ultimately the firm can be more profitable.

It's a soapbox Dan has jumped on before having appeared previously on the podcast to discuss “the skill of profitable delegation;” creating leaders who can deliver high levels of performance across their team. Few partners achieve what Dan describes as a “transition out of being a technician in the business to being a business owner"; it should be their objective to remove themselves from a position where the structure and success of the organisation relies on them.

This discussion centres on the launch of Dan's book "Delegate Now to Supercharge Your Profits" in which he outlines the secrets to his methodology;

• including the key differences between "delegation" and "profitable delegation" - "It’s easy to delegate work away ineffectively... It’s a very different skill to delegate work away and have it handled to a high standard whilst gaining a great reputation and making a firm reliably profitable.")
• Proactive and reactive management - "I’ve come to see that there really is no other way than leading regular one-on-one calls to lead and manage team members effectively."
• Leading teams in a way that makes them loyal to you

Throughout the podcast Dan discusses tips and tactics for how to work with individuals in the business to help them become more efficient, effective and confident members of the team which in turn enables leaders to lead, rather than remaining forever in the The Law Technician’s Valley of Doom - It’s where partners are all burned out from working long hours and cannot see how to increase their firms’ profits without working even longer hours.

They cannot stop working, and they cannot take breaks to recharge their batteries very often. They take holidays infrequently because their firms rely on them so much to keep operating.

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 the second episode of the fourth series of the Today's Wills and Probate Podcast, host David Opie sat down with Taz Khalid, CEO, and Jean Ward, COO of My Probate Solicitor (MPS), to discuss the launch of the new business and the introduction of ZENA—an AI-powered “warrior princess” designed to streamline probate services for an ageing and growing population.

MPS was founded as a tech-centric firm with AI at its core, offering a fixed-fee solution for probate. Ward, who transitioned from a background in personal injury to the private client sector, saw an opportunity to create a more efficient and controlled process. By commissioning AI and training it with carefully curated data, the team has successfully developed ZENA to enhance their services.

MPS specialises in probate, wills, and trusts while maintaining a transparent, fixed-fee model. They describe their process as being 'streamlined and AI-powered' guiding clients through each step with precision and ease.

Khalid and Ward emphasised their vision for MPS is as a leader in legal tech placing the client at the centre of the experience; they will, for example, provide direct phone support where clients can receive immediate assistance.

Looking ahead, Khalid expressed a desire for the probate market to move towards fixed fees, ensuring fairness and transparency for consumers. As an SRA-regulated firm, MPS hopes to set an example for the legal industry, encouraging other professionals to adopt a more tech (and consumer) friendly approach.

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.