Norfolk Law Magazine 53 - Autumn 2023

Norfolk Law Magazine of the Norfolk & Norwich Law Society - www.nnls.org - Autumn 2023

Lecture Season

The NCLS Annual Lecture pulled in a good crowd recently, pictures inside, and the UEA & NNLS Lecture with The Rt. Hon, Baroness Hale of Richmond is set for 9th November. It’s also Annual Dinner and Awards season. More inside...

Norfolk Law - Contents - 3

This issue...

In this edition we dedicate space to those organisations which work alongside the Society. We cover the NCLS Annual Lecture with Dominic Grieve and catch up with the Norfolk & Norwich JLD. Plus info on our next two big events - the Dinner and Awards on 19th October and Joint UEA Law Lecture on 9th November with Lady Hale.

Contents 4

President’s Report

18

The use of DNA testing in legal practice

5

Committee

20

Inheritance Tax proposals and their financial

6

Events Ahead

7

Annual Law Lecture

25

Making your Practising Certificate renewal easier

8

NCLS Lecture

26

Able Community Care

10

Index PI

27

‘Basis period’ reforms will impact on most

12

Interview - Ginny Colman

13

Junior Lawyers Division

28

FRP Recent Case Study

14

The future of law - 25 years ago?

30

“Fair” client account interest policies

16

Needed more than ever...

32

The evolution of the drainage and water report

17

N&NLS Excellence Awards 2023

34

The Importance of Family Tree Verification

Published by: EAST PARK COMMUNICATIONS Ltd. Unit 27a, Price St. Business Centre, Price St., Birkenhead, Wirral, Merseyside CH41 4JQ Tel: 0151 651 2776 simon@eastparkcommunications.co.uk www.eastparkcommunications.co.uk

risk for Charities

Advertising Simon Castell Managing Editor Sue Bailey Layout Stuart Turner pp. 1-18 David Coffey pp. 19-36

legal practices

Accounts Tony Kay

Legal Notice © East Park Communications Ltd.

Published Autumn 2023

None of the editorial or photographs may be reproduced without prior written permission from the publishers. East Park Communications Ltd would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of East Park Communications Ltd. Correct at time of going to press.

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4 - Norfolk Law - President’s Report

President’s Report The calendar seemed to slow a little during the summer save for the excellent training event arranged by Carla Morphett of FM Family law. I am very sorry to say that after dedicating her effort and time over several years Carla has decided to step down from the post, but I am delighted to say, will remain on the committee. On behalf of all the members, many ‘thank yous’ Carla, for all you have done. If anyone would like to join the committee then please do get in touch, we are always happy to welcome our members.

Most of what I have to say is about what will be happening next. Our 19th October Dinner has almost sold out of tickets which is wonderful. We have had huge support from sponsors which this year includes our main headline sponsor Index. They have also added glitz to the event with a truly amazing magician. Wait to be dazzled from the comfort of your table! Lovewell Blake has also sponsored again this year, covering the cost of decorating and flowers. (You will find in this edition my interview with Natalie Moon of Lovewell Blake I hope you get chance to read it.

If you need any help in resolving tax concerns or thinking of buying an electric car it will be well worth contacting her.)

Broadland consultancy are amongst our new sponsors who have sponsored the networking and drinks at the start of the event, and I am delighted they will also attend the dinner I hope our members will make them feel welcome. Review Solicitors have also added sponsorship to cover part this year’s dinner and next, and another event, and I hope we will welcome them on board. They will be hosting a table at the

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dinner. Taylor Investigations who shall be coming having sponsored our heads and tails game I am hoping Charlotte shall be Michael Fitch’s glamourous coin assistant. The money raised will be going to NCLS. We are hoping guests will spend £10 to play and there will be one amazing prize! (We will not be holding a raffle this year so please do not bring gifts, unless you wish them to be added to the heads and tails prize, I know some may not like this change but feedback is always welcomed) I think now all that is left to do is let our hair down and have a fabulous night. Sarah Softley is in full organisation swing, and we always appreciate her time and effort at this stage.

This week the panel worked through the Excellence Awards nominations, which took many hours to consider. So many high standard nominations. Those shortlisted have been notified. A special thanks to Annelise Godfrey of Olsen Legal Recruitment for sponsoring the awards again this year.

This week the panel worked through the Excellence Awards nominations, which took many hours to consider. So many high standard nominations. Those shortlisted have been notified. A special thanks to Annelise Godfrey of Olsen Legal Recruitment for sponsoring the awards again this year.

On a quick and final note, the UEA/NNLS combined lecture with Lady Hale for the 9th November appears to be a big hit and I believe on last update from Claire there are not many tickets left for it to be sold out (just like Take That!)

Ginny Colman President, Norfolk & Norwich Law Society, 2023-24

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6 - Norfolk Law - Events

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Norfolk Law - Events - 7

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8 - Norfolk Law - NCLS Lecture

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Norfolk Law - NCLS Lecture - 9

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12 - Norfolk Law - Interview

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Norfolk Law - Junior Lawyers Division - 13

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14 - Norfolk Law - Richard Barr Column

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Norfolk Law - Richard Barr Column - 15

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16 - Norfolk Law - NCLS News

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Norfolk Law - Awards for Excellence- 17

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18 - Norfolk Law - Advertorial

The use of DNA testing in legal practice

Dr Neil Sullivan “Part of our DNA” has become a catchphrase throughout languages worldwide and it refers to a characteristic that is innately part of something. Obviously, this is often misused but the phrase does convey a key principle, that all living things contain a molecule which codes for the essence of life, in whatever species, plant, animal or microbe.

This molecule, deoxyribonucleic acid (DNA) and the technology that has developed around it, is now used in a host of applications - one of these, the determination of biological relationships, is the subject of today’s article.

Our objective today is to provide a primer for the use of DNA in legal situations, particularly family law. It is the case that technology, ethics, law and society sometimes struggle to keep up with each other. This is particularly so with DNA technology, where we grapple with issues such as consent, parental responsibility, multiple parent babies, paternity fraud, sperm donation, postmortem testing, surrogacy, immigration to the UK and pre-natal parentage testing.

The majority of DNA testing is to determine the biological father of a child or paternity, where we are trying to prove that a tested male (the alleged father) is, or is not, the true biological father of a tested child.

There are also tests for other biological relationships such as for siblings, twins, grandparents and aunts/uncles. These tests are used for resolving family disputes, immigration status and of course many instances of sensitive child circumstances involving local authorities.

DNA is a chemical string of code which is unique to an individual. It is

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contained in nearly all the cells of your body (mature red blood cells are the exception) and is inherited half from Poppy’s the mother and half from the father.

We examine this code in several ways When Poppy’s Dog to look at individuals and population Guardian conta characteristics, diseases (prediction and diagnosis), ancestry, to identify individuals in forensic cases and in our case, to decipher human relationships.

party that is to be tested and if the test involves a child under 16, then we must also have consent from a person with Parental Responsibility for that child.

The DNA is extracted from a few cells taken from the buccal cavity, a painless and non-invasive procedure which uses a cotton swab rubbed around the cheek of the mouth. We can use nearly any tissue but for controlled sample collection for legal testing, we always recommend the buccal swab route.

We are often asked about the participation of the mother in the process, which is in fact required for a legal/accredited test. With the mother’s DNA analysed in the test, in the case of an inclusion the percentage probability of paternity is generally much higher.

In an identity test, the DNA is then examined for regions of similarity between the tested persons. In the case of a paternity test, the DNA test report will then confirm that the tested man is (usually with a certainty in excess of 99.999%) or is not the biological father of the tested child, which is given with 100% certainty. These results are termed either an inclusion (he is the biological father) or an exclusion (he is not the biological father).

There are two types of test in general use, with the common parlance of a “legal” or “accredited” test, or a “peace of mind/personal information” DNA test. This is an important distinction, because only a legal/accredited test may be used for a legal purpose, such as changing birth certificate.

In an accredited test, the appointed company will take control of the entire sampling and identity verification process, so that there is in effect a chain of custody of the sample from the subject to the laboratory.

In a “peace of mind” test, the individuals are allowed to take the samples themselves and then return them to the laboratories; of course, in such cases we then rely on the participants to take the sample from the correct individual.

This is unsuitable for any legal purpose.

A common issue relates to consent and who has Parental Responsibility for the child. For DNA testing we must have “appropriate and qualifying” consent for each sample to be tested.

Consent is required from each adult

This is generally the mother, but may be the father under certain circumstances or indeed some other body (sometimes jointly shared with the parents), such as the local authority.

This is because the child’s DNA is inherited half from mum and half from father…but we don’t know which half!

So by identifying the mum’s DNA, we can then see that the remaining DNA must come from the father.

Sometimes, mum or alleged father(s) are not available for sampling and we then seek to obtain a DNA sample from other close family members so that we can attempt to establish a presumed parentage via DNA from siblings, grandparents or uncles and aunties.

While the figures for relatedness will not be as strong as for a direct paternity test, we can often gain useful probabilities which provide helpful supporting data when taken together with other evidence. Cousins are biologically too far removed to be helpful in this process.

These are all of course somewhat complex issues and if you require more detail please get in touch or go to our website for more information. Details can be found below.

About the author: Neil Sullivan, BSc, MBA (DIC), LLM, PhD is General Manager, of Complement Genomics Ltd (trading as dadcheck®gold).

The latter is a company a ccredited by the Ministry of Justice as “A body that may carry out parentage tests as directed by the civil courts in England and Wales under section 20 of the Family Law Reform Act 1969” and by virtue of directly running laboratory services which meet the stringent and internationally recognised ISO/IEC 17025 standard.

Poppy’s When Poppy’s Dog Guardian conta

20 - Norfolk Law - Charity Advertorial

Proposals To Abolish Inheritance Canine Tax Must Take Into Account Risk Of Legacy Income Loss For Charities Poppy’s

When Poppy’s Dog Guardian conta Over 50 MPs have called for Inheritance Tax (IHT) to be abolished, and Government is reported to be considering including the proposal in the Conservative manifesto. With the current IHT framework offering generous incentives for legacy giving – a growing and crucial income stream for UK charities, Remember A Charity will be calling on government and policymakers to consult with the sector and to ensure that legacy income will be protected.

Lucinda Frostick, director of Remember A Charity, says: “Any change to Inheritance Tax that fails to consider the likely impact on legacy giving and just how vital this income stream is for UK charities would be of great concern to us at Remember A Charity.

“Legacy giving has become a lifeline for thousands of charities and community-based organisations, building resilience and long-term income that has proved crucial in the current economic climate.

“As a representative body for 200 charities that rely on legacy income, we will be urging government and policymakers to consult with us and the wider sector to explore the likely impact on charities of proposed changes, ensuing that legacy income will be protected.”

What are the IHT benefits?

Charitable gifts in Wills are currently exempt from Inheritance Tax (IHT), charged at 40% above the IHT threshold. What’s more, those that donate 10% or more of their estate to charity benefit from a discounted IHT rate of 36%. This can make a considerable reduction in the amount of tax paid per estate, enabling people to give generously, while also supporting their family and friends.

Read more: What is the impact of the IHT incentives on legacy giving?

Legacy giving has grown substantially – with consumer polling indicating growth of over 40% in the past decade, and while it’s impossible to state with certainty how much of that is driven by the IHT incentives, the tax framework can be powerful influence on people’s capacity and propensity to give. Crucially, the IHT incentive creates the opportunity and impetus for solicitors, professional Will-writers and other legal advisers to raise legacy giving with clients. Research from the Behavioural Insights Team indicates that even the simplest of charitable reference by solicitors during the Will-writing process doubles the chances that clients will leave a gift. Having tracked charitable estate trends reported by solicitors and Will-writers since 2014, we can see a 50% increase (from 16%-24%) in the proportion of professionally written Wills that include a charitable donation.

Key facts and figures IHT is a minority tax impacting fewer than 4% of deaths (27,000 in 2020/21), and yet, Estates paying IHT account for around one quarter of all charitable estates (9,680) and half of legacy income donated (£1.8 billion in 2020/21)*

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Over one third (36%) of IHT estates include a charitable gift, with one in four of those charitable estates (2,590 in 2020/21) including donations of 10% or more, qualifying for the reduced IHT rate* Legacy giving is around six times more prevalent for IHT estates – 36%* vs 6%** Gifts in Wills now raise almost £3.9 billion*** for good causes annually, funding vital charitable services for charities and community-based organisations across the country. Legacy giving is an integral and thriving part of the UK’s philanthropic landscape.

Remember A Charity is working with the Chartered Institute of Fundraising and fellow sector bodies to build up a body of evidence on the importance of the IHT incentive and to formulate a collaborative response to Government.

Sources: *HMRC IHT statistics and commentary, 2020/2021 **Smee and Ford, Legacy Trends Report, 2023 ***Legacy Foresight, 2023 For more information see www. rememberacharity.org.uk/IHT

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‘Basis period’ reforms will impact on most legal practices Legal practices whose accounting year end does not coincide with the tax year end are running out of time to choose how to deal with the HMRC’s ‘Basis Period’ reforms, says Shaun Mary of Lovewell Blake.

The long-delayed HMRC reforms which will see sole traders, partnerships and LLPs assessed for tax on a ‘tax year basis’ are finally due to come into effect in April 2024 – so those practices whose current accounting year end does not coincide with the tax year need to start thinking about how they are going to cope with the change sooner rather than later.

Under current rules, unincorporated businesses (including LLPs) are taxed on a ‘current year basis’. HMRChas decided to ‘simplify’ matters (for themselves, at least) so that the results of any given year are taxed in that year, regardless of the accounting date.

The main driver for this is Making Tax Digital which was due to be introduced for income tax in 2024, although this has been further delayed. The reform will mean that profits will be taxed sooner, which of course has implications for cashflow.

If a practice’s accounting year end is

anything other than 31st March or 5th April, the 2023/24 tax year will be a transitional year, when as much as 23 months’ worth of profit will be taxed. From 2024/25 practices will need to report the taxable profits on a tax year basis, regardless of the accounting period year end.

There are several issues that affected practices will have to consider, including: • Profits might have to be estimated and then revisited once the accounts are finalised, causing additional administration (and costs) preparing or reviewing a later set of accounts every year.

• Overlap profit for each member/ partner needs to be researched, as it can be used to reduce personal tax payments - though in practice the relief is often relatively small.

• If profits in 2023/24 are higher than usual, this could have a compounding impact on tax bills and cashflows.

• Tax payments against additional profits brought into the charge will be automatically spread over the five tax years beginning 2023/24; however a practice can elect not to spread them.

• Those practices maintaining tax reserves ought to ensure they are holding enough behind from profits to support future increased tax payments.

Perhaps the most obvious solution is to change the practice’s accounting year end date to coincide with the tax year end. There are special rules about doing this, so taking advice is essential – and timing of the move is also important.

Practices which elect not to make this change will face having to carry out a time-consuming additional calculation every year.

As we are already part-way through the transitional year, there is no time like the present to consider the tax and cashflow implications of the reforms. Every practice whose accounting year end is not 31st March or 5th April needs to take professional advice sooner rather than later.

Shaun Mary Lovewell Blake

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28 - Norfolk Law - Interview Advertorial

Recent case study : FRP appointed as party expert in a family dispute over the ownership of approximately 40 companies and a number of properties.

We are frequently instructed as forensic accountants in relation to family disputes. In the last year we have been employed on a number of cases involving families with interests in farming, construction, property development and investment.

Typically, families who have been shareholders or partners in family businesses for a number of generations reach a point where two sides of the family have conflicting views of future strategy. In farming businesses there can be a disagreement between those family members who wish to focus on farming whilst other family members wish to diversify into alternative sources of income.

The forensic accountant may be instructed to look at a number of aspects including: • The valuation of one or more businesses and individual’s interests, and the latent tax liabilities associated with the ownership.

• The historic record of shareholder

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or partner cash extraction from the business.

• The funding of property acquisitions.

• The commerciality of related party transactions.

• The manner in which business interests can be restructured and assets divided, or cash extracted to split the family interests.

In this recent case, Fiona Hotston Moore of FRP Forensic Services advised a family over a lengthy dispute regarding the ownership of several properties and a number of businesses, with the matter settling out of court.

Background An ongoing family dispute with regards to the beneficial ownership of approximately 40 companies and a number of properties resulted in the matter being listed imminently for a court hearing. Fiona was appointed as party expert on behalf of one party, being a group of the family shareholders, to determine historic distributions and what inference could be drawn in relation to the beneficial ownership of the companies.

Action The Forensic Services team was instructed to undertake a financial investigation to review the bank statements, companies accounts, tax filings and accounting ledgers over a 10-year period. From the detailed investigation, the team was able to give an opinion on the distributions to family members and the implication in relation to beneficial interest in the companies.

The team also gave an opinion on the beneficial interest in a number of properties, based on tracing the flow of funds. The findings were collated and submitted through an expert report and Fiona then prepared a joint statement with the other party’s expert.

Outcome Following the submission of the reports and just two days before the scheduled court hearing, the parties reached a settlement. The instructing solicitor noted, ‘can I also please add my thanks to you and the team for all your hard work on this and being so flexible with your time. The quality of your report will not have been lost on the other side and no doubt will have played a part in their desire to settle’.

30 - Norfolk Law - Advertorial

What constitutes a “fair” client account interest policy?

The 2019 SRA Accounts Rules introduced several key changes, one of those being rule 7.1’s requirement to pay clients a “fair sum” of interest.

Ellis Lake

Whilst passing on interest to clients is not a new requirement, the principles-based rules are. It is unlikely, until recently, that law firms have considered revisiting their client account interest policy due to the incredibly low levels of interest that have been earned on the client account in recent years.

Law firms are not banks. The interest earned on the general client account belongs to the firm and they are not obliged to transfer the exact amount of interest earned on to each individual client. That would create a logistical nightmare.

This leaves us with law firms being encouraged to make their own arrangements with clients, creating the dilemma of what is a fair amount of interest?

What rate should be paid? Historic SRA guidance suggested that law firms should match the interest rate paid to clients with the designated client account rate. This rate meant that clients would not lose out on interest they would have received if their funds had been deposited into a designated account. If you are looking for a place to start, this would be my suggestion.

It is generally considered reasonable and aligns with industry standards.

What de-minimis threshold? To offset the basic administrative expenses, law firms often establish a de-minimis threshold, below which no interest payment will be paid. The last compulsory de-minimis was £20, and several firms continue to adhere to this figure, likely, in fear of getting it wrong. However, the rules are now inherently flexible, and it is a firm’s prerogative to determine what constitutes “fair”. A justifiable de-minimis threshold could differ from firm-to-firm dependent on the client base and type of work. Given the current higher interest rates, it is probably reasonable to elevate the threshold so it is not reached as frequently.

Unfortunately, there are no simple answers. It is suggested that you are on solid ground with a de-minimis limit anywhere below £50. However, we are in no doubt that there will be circumstances where higher amounts could be reasonably justified. Regardless of your chosen approach, it’s advisable to formalise and communicate your policy both on your website and within your terms of business and review it regularly.

Ellis Lake Manager, Larking Gowen

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This article is designed for the information of readers. Whilst every effort is made to ensure accuracy, information contained in this article may not be comprehensive and recipients should not act upon it without seeking professional advice. “Larking Gowen” is the trading name of Larking Gowen LLP, which is a limited liability partnership registered in England and Wales (LLP number OC419486). Where we use the word partner it refers to a member of Larking Gowen LLP. ©Larking Gowen.

32 - Norfolk Law - Advertorial

Relationships remain key in the age of technology Winning friends and influencing people is all about understanding their situation and being empathetic to their challenges while excelling at service delivery

Personal relationships are still the heartbeat of business success, despite the increasing use of technology.

Personal relationships convey how we value one another. Personal relationships enable us to have empathy with one another’s situations.

In his seminal book, “How to win friends and influence people,” Dale Carnegie wrote

“If there is any one secret of success, it lies in the ability to get the other person’s point of view and see things from that person’s angle as well as from your own.”

Business relationships then are as much about understanding the challenges we all face in our daily encounters.

The search industry has seen significant changes in recent years. Massive consolidation has seen so many of the traditional search companies swallowed up into larger corporates. We have to find ways of differentiating our service offerings, building that trust in client relationships, and delivering services which conveyancers feel add value to their business.

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Don’t get me wrong, consolidation has brought with it huge advances in technology and customer experience.

Gone are the days of endlessly calling suppliers to order reports, collating them manually, printing off reams of paper and hand delivering the search to the office…. and good riddance too!

With the exception of local authority searches, most of the reports are now available same day, with many returned in minutes.

The delivery platforms are slicker, smarter, more intuitive and spot potential risks that might need to be accounted for, and errors in search requests. But some of this technological advancement has come at the expense of good, old-fashioned customer service. The personal touch.

Do we rely on technology too much?

Are chat bots, apps and portals what our clients really want and need?

What happens when things go wrong?

People need reassurance, they need to be able to pick up the phone, or send an email, and feel as though somebody is taking a personal interest in resolving their issue rather than “chat” to a faceless bot or send messages via portals.

I recently won back a client from a rival

supplier. When I asked what it was that brought them back to us they said that they felt as though they were a number, rather than a client. It was the personal touch that was missing from their communications; they didn’t feel as though they ever spoke to the same person twice. There wasn’t a familiar voice at the end of phone when things went wrong (as things inevitably do in conveyancing!).

In our experience 90% of orders go through with little to no intervention required. But that 10% is where relationships are made and broken.

This is where knowledge, experience, and expertise really make a difference.

Recognising that the conveyancer is almost certainly under pressure, whether it be from the client, agent or the other side, and being able to take that weight off and deal with the issue through to completion is a critical part of the business relationship.

Whether it’s a query on a report back which requires clarification, or chasing up an expedited service. It’s about trusting that the job is going to get done right, first time.

34 - Norfolk Law - Advertorial

The Importance of Family Tree Verification: Safeguarding distribution of estates ‘crime’ was to grow a beard to his waist and wander around his housing estate shouting and swearing. Once we had identified and located him, we established he had suffered from a mental illness for many years. In this case, half the estate rightly passed to him.

Danny Curran In France and Germany, probate research and the verification of intestate estates using professional firms is considered vital, on a par with the legal profession. Yet in the UK, we struggle to place probate genealogy firms fairly and squarely within the estate administration process.

The industry is unregulated, which is not necessarily a problem and should not deter solicitors. My firm adheres to voluntary codes and regulatory regimes that can provide reassurance. The public must feel confident that the probate research firm is not operating a scam. Think of those bogus emails where the sender asks for bank account details in return for millions of pounds for instance.

Reputation is a good starting point, but make sure you are dealing with a professional company. Firms can appear to list ‘offices’ around the world by placing keywords on their website and can use an impressive serviced ‘office’ address in a large city like London.

Over-reliance on family testimony Another issue I see in the UK probate research industry is the reliance by the solicitor, administrator or executor on family testimony, without independent verification.

Some solicitors accept the word of family members on who is or isn’t related to the deceased and by what degree of kinship. This can lead to incorrect estate distribution.

I once worked on an intestate estate of around £400k, where the solicitor wanted verification that their client was the sole heir to the estate. The client was an elderly lady who claimed to be her late brother’s sole surviving next of kin.

However, we discovered she’d disowned her nephew many years earlier and didn’t recognise him as part of her family. His

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Children Forgotten I have lost count of the children, siblings and half-siblings who have been overlooked or forgotten by solicitor clients referring cases to us. It’s not deliberate.

Families lose touch, large families forget how many relatives they have, children are born out of wedlock and to single parents and, since 1927, adoptive families can legally inherit.

It is an excellent idea for the solicitor to interview their client before engaging a probate research firm, to make sure all relatives are accounted for.

There are four basic fee models available from most professional probate research firms. Freedom of choice is imperative to cover a variety of situations.

The four main options are: 1. contingency fees, where a beneficiary signs a percentage-based agreement with the probate research firm 2. an estate / trust contingency fee, where the executor agrees on a percentagebased fee from a named beneficiary’s entitlement 3. a budget fee paid by the estate 4. a fixed fee paid by the estate.

The basic model Firms may name these fees differently, but most firms offer this basic model.

Contingency fees are the most popular option. They are seen as fairer in many circumstances--payable only on a successful distribution of an estate.

An agreed budget or a fixed fee at the expense of the estate may be more appropriate, depending on the circumstances.

Probate research firms can usually offer budget fees payable by the general estate or contingency fees where the fee is agreed directly with a beneficiary or the executor and expressed as a percentage of the sum they receive.

There are different situations where one fee option may be more appropriate. For example, if there is no grant or no known next of kin to extract a grant, a fee payable

by the general estate cannot be used, as there is nobody with legal authority to agree to such a fee.

Fixed fees ‘unfair’ Budget or fixed fees paid by the general estate diminish the whole estate value, which any next of kin who knew the deceased often sees as unfair.

If the probate research firm works to a contingency fee and fails to find any further entitled heirs, it usually receives nothing for its work. Still, the report can secure the vital indemnity insurance policy needed to safeguard the administrator.

There are dangers of being ‘hooked’ into using a firm based on a very low initial quote. Cheap does not necessarily mean better. It is often true that you get what you pay for, and this is not an area where it pays to cut corners.

Importance of insurance An insurance policy against missing or unknown beneficiary claims is crucial.

Sometimes, administrators seem confident they have identified all next of kin and consider taking out insurance cover against any further claims a waste of money. However, there are an increasing number of claims where no traditional documentation, such as birth certificates exists, and DNA evidence is also being used more than ever before.

If there is no formal birth or adoption certificate, a research firm will likely be unable to find ‘undocumented’ claimants. Insurers are unlikely to accept a genealogist’s report as evidence unless you use a recognised firm of probate researchers.

Using a recognised firm will often mean an insurance policy is instantly approved, saving you many hours of time. My preference would be to make insurance a statutory requirement on all £15k-plus estates or where a small estate indemnity is not being used. Things may go wrong, and the important thing is to be covered.

For more information on Finders International’s family tree verification service, please visit the website www. findersinternational.co.uk. Alternatively, you can contact Finders via email: quotes@findersinternational.co.uk or telephone: +44 (0) 20 7490 4935.

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The Poppy’s When Poppy’s Dog Guardian conta

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