In this episode of the Today’s Wills and Probate Podcast, David Opie welcomes a panel of legal experts to explore the recent Addison and Niaz case and its important implications for Larke v Nugus requests. He is joined by Lucy Scourfield, associate in the contentious trusts and probate team at Forbes Solicitors; Shannon Thompson, a non-contentious Wills, Trusts and Probate solicitor at Forbes, who are representing the firm; and Norman Lamb, a barrister from Nine Chambers, specialising in contentious probate matters.

Together, the panel delves into the facts of the Addison and Niaz case, examining the challenges encountered in securing disclosure from the will draftsman and highlighting the High Court’s decision to order the respondent to pay costs personally.

They unpack the broader tension between legal privilege and the duty to disclose, offering clear guidance on best practices for both contentious and non-contentious practitioners when responding to Larke v Nugus requests.

The discussion also touches on the growing significance of section 122 applications under the Senior Courts Act 1981, underscoring the consequences of delayed or inadequate responses.

With practical insights into the importance of file management, contemporaneous notes, and collaborative working between departments, this episode is essential listening for legal professionals involved in will drafting and dispute resolution.

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.

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In this episode of the Today’s Wills and Probate podcast, host David Opie welcomes Anthony Allsopp, Head of Business, and Simon Barber, Technical Manager at Title Research, to explore the nuanced challenges of probate genealogy and the role of missing beneficiary insurance.

The conversation begins with a look at Title Research’s history, from its founding in 1965 to its evolution into a specialist firm focused on genealogy and international asset repatriation. Allsopp outlines the company’s structure, highlighting its two core teams—one dedicated to genealogical research, the other to asset recovery—and its connection to Kings Court Trust.

Barber elaborates on his role overseeing research quality and providing consultancy to legal professionals navigating estate complexities. He describes the persistent growth in modern genealogical challenges, particularly as blended families and digital data reshape how beneficiaries are identified.

The discussion also examines the use—and limitations—of tools like social media, the increasing reliance on digital records, and the emotional dynamics involved in missing beneficiary cases.

On the insurance side, Allsopp and Barber explain the two main types of cover, the importance of working with FCA-registered genealogists, and how insurers assess risk based on available documentation and the genealogy firm’s reputation.

Through practical insights and case examples, the episode emphasizes the need for collaboration between legal professionals, genealogists, and insurers to ensure smooth and secure estate administration. The conversation also anticipates growing complexity in this field, driven by evolving family dynamics and the legal and financial implications that follow.

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.

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The project to modernise wills law book-ends the career of Professor Nick Hopkins in his role as the Commissioner for Property, Family and Trust Law at The Law Commission as he departs in the coming months following the end of his tenure.

Before he departs Nick sits down with Today's Wills and Probate Podcast host David Opie to discuss the culmination of 10 years' effort, resulting in the 500-page Modernising Wills Law report and associated draft bill.

He explains the focus of the report is tackling the major changes in law and society over the last 190 years. It's a challenge he concedes, but says there were three main aims that drove the commission's recommendations

• Ensure testators' testamentary intentions are given effect
• Protect vulnerable testators
• Provide greater clarity and certainty in the law

In a wide-ranging interview Nick explains how and why the Law Commission arrived at the recommendations and tackles some of the concerns raised by practitioners in the weeks after its publication.

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 episode of the Today’s Wills and Probate Podcast, host David Opie welcomes Sam Grice, founder of Octopus Legacy (formerly Guardian Angel), to discuss the origins, evolution, and future ambitions of one of the fastest-growing companies in the end-of-life planning and bereavement support space.

Sam's journey into the wills and probate sector began with a deeply personal tragedy. In 2017, while working in financial services, Sam lost his mother suddenly in a car accident. At just 27, he found himself navigating the overwhelming emotional and logistical challenges of bereavement. With his father also in shock, Sam took on the responsibility of managing the legal, financial, and practical aftermath.

This experience exposed the fragmented and emotionally taxing nature of the bereavement process. It sparked a desire to create a company that could guide others through what he describes as “the toughest thing anyone’s ever going to go through.” Within days of his mother’s passing, the seed for what would become Guardian Angel was planted

Sam discusses Guardian Angel's journey from launch through to its integration into the energy and venture capital fund Octopus Group; an acquisition borne out of a shared journey of grief with Octopus' founder; and its ultimate ambition to be a national brand known for compassionate, comprehensive end-of-life support.

By combining people and technology, Octopus Legacy has consolidated its service offering, introduced legacy features like voice notes and personal messages alongside legal documentation, and launched its bereavement concierge, a service that allows grieving individuals to call a single number for help with anything from legal paperwork to finding a dog walker.

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 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.

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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.

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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