Norfolk Law Magazine of the Norfolk & Norwich Law Society - www.nnls.org - Winter 2024
Lady Law Lord Wows
Baroness Hale of Richmond, President of the Supreme Court from 2017 to 2020 held a record audience on the edge of their seats at this year’s joint UEA Law School and NNLS Lecture. Pictures inside plus our 2023 Award Winners and pics from the Annual Dinner...
Norfolk Law - Contents - 3
This issue... In this edition we look back at the close of 2023 with full picture stories from our Annual Dinner, Excellence Awards and the sell-out joint lecture with the UEA Law School given by Lady Hale. If you don’t see yourself in this edition, you know what to go to next year! Plus we also have updated CPD events for 2024 and dates for Countdown, the Legal Walk and our NEXT Annual Dinner and Awards events!
Contents 4
President’s Report
18
Record breaking year for charity legacy income
5
Committee
20
Law Society News
6
New year, same challenges...
21
Remember A Charity Chair Allan Freeman
8
Events Ahead
9
The Legal Walk
22
Able Community Care
10
Life of a Lady Law lord
25
Book Review
12
2023 Award Winners
26
Top Tips from an Accounting Expert Witness
14
Capacity Dinner!
28
Relationships remain key in the age of technology
17
LawCare: Bullying at work
30
The Importance of Family Tree Verification
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hands over reins at year end
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4 - Norfolk Law - President’s Report
President’s Report I would like to begin by thanking Ginny Coleman, our 2023 President, for all her hard work and dedication throughout last year. As I begin my presidency and reflect over the events which took place, I appreciate that Ginny is a hard act to follow. It was an incredible year with record numbers attending the legal walk and annual dinner. The law lecture (with Spider Woman herself) Lady Hale was a personal highlight for me and many others. Never have I been in a lecture hall with 300 people so spellbound and inspired by one lone person.
the more diversity we have which , I feel, can only lead to a stronger and more stable Society.
I would also like to thank Claire Clarke, our NNLS Secretary, who with her never ending commitment and hard work, continues to support one President after another. Also, Rebecca Johnstone, our Treasurer, who has had great fun dealing with our bank accounts! Finally, a big thank you in advance to the Committee Members without whom I would struggle this coming year.
We have our firm favourites taking place this coming year: Legal Countdown, the Legal Walk and our annual dinner which I am hoping will take place in Norwich Castle on the 27th of September- a date to go in the diary now!
My goal for this year is to focus on making our Society more diverse and inclusive for all. Our constitution remains unaltered since 2006 and I think now is the time to ensure it is fit for purpose. Our Society should be one that embraces all members of the legal profession whatever their level of qualification and/or experience. The more members we have
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I would also like to highlight the essential work carried out by the Norfolk Community Legal Service (NCLS), without which many members of our community would be unable to access legal assistance. The increase in numbers of people requiring such assistance is growing month on month, and the pro bono work being provided should be recognised. We are honoured to have David Powles, CEO for NCLS, joining our committee, and I hope that together, we can raise awareness of NCLS among our members. By doing so, we aim to garner more support and assistance for this vital service.
Should you have any questions for myself or the committee then please do not hesitate to contact me or us. Many thanks, Shelyna Mariscal President, Norfolk & Norwich Law Society 2024-25
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6 - Norfolk Law - NCLS News
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8 - Norfolk Law - Events
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10 - Norfolk Law - Law Lecture
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12 - Norfolk Law - Awards
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14 - Norfolk Law - NLS Annual Dinner
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Norfolk Law - LawCare - 17
Dramatic increase in the number of people seeking support because of bullying at work
LawCare, the mental health charity for the legal sector in the UK, has released its 2023 impact report, which shows that mental health struggles continue to be a serious concern. LawCare has seen an increase in the number of people reaching out for mental health support in 2023, with a sharp rise in people getting in touch because of workplace bullying. • There was a 14% increase in the number of people contacting LawCare for mental health support. • There has been a 95% increase in the number of people saying that workplace bullying, harassment, or discrimination was their primary reason for seeking support from LawCare. Read the 2023 impact report at: https:// heyzine.com/flip-book/2ca4a9256c.html Elizabeth Rimmer, CEO of LawCare says:
“2023 was one of our busiest years ever at LawCare, second only to 2020 when the pandemic started. I would urge individuals and organisations to start taking active steps to create working environments which better protect mental health and where bullying and harassment are not tolerated. We need to drive a collective responsibility in our sector to tackle bullying and harassment by identifying the workplace factors that can lead to it, such as low psychological safety and managers with little or no training and support, and taking positive action to address these. We need to continue to challenge the stigma that prevents many still from speaking up about their mental health and seeking support. Each single act of storytelling, awareness raising, or advocacy contributes to transforming legal culture. You may never know the impact of your voice - you may give someone the confidence to seek help, provide them with
the comfort of feeling less alone, or enable them to speak up too.” Let’s talk about bullying and harassment at work webinar LawCare wants to get the legal sector talking about bullying and harassment, and educated about how to tackle it, and is running a free webinar on Thursday 8 February 2024, from 12.30pm to 1.30pm. LawCare has invited a panel of legal professionals and bullying experts to discuss bullying in the legal workplace and practical strategies for addressing it. Book now: https://lawcare.beaconforms. com/form/b90df0b8 For all media enquiries contact Elizabeth Rimmmer, Chief Executive of LawCare, on erimmer@lawcare.org.uk or 07951 277741.
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18 - Norfolk Law - Charity Advertorial
Canine Record breaking year for charity legacy income Charity Poppy’slegacy income is estimated to have reached £4bn and bequest numbers almost 140,000 in the year 2022/23 — an annual growth conta of 6.5%. This news comes at a When Poppy’sincome Dog Guardian time when a growing number of charities are increasingly reliant on gifts in Wills.
harder to maintain and grow share. Smaller charities with smaller budgets are finding it easier to spread their legacy programmes to potential legators as digital marketing for legacies becomes more mainstream.
The growth estimate is based on this year’s Legacy Monitor from Legacy Foresight - the sector’s annual benchmarking research programme, which gathers data from over 80 charities, accounting for almost 50% of the charity legacy market.
Charities must therefore be prepared to plan, invest and be creative to secure their space in this evolving sector.
UK legacy income, £bn These results reflect the resilience of the legacy market, with easy and up-to-date access to the latest facts and figures from the UK legacy market now available via Legacy Future’s new Data Dashboard. Although the upward growth trajectory looks set to continue for the long-term, Legacy Foresight also warns that current economic conditions are likely to negatively impact growth in the coming months - with falling house prices not only impacting average gift values but also affecting the time taken between notification and money being received by charities. Despite the projected fall in house prices meaning that the medium-term forecast for legacy income is relatively subdued, beyond 2026, the forecast for the legacy market is a lot more positive, with an expected return to accelerated growth. In real terms, legacy income is predicted to reach over £6bn by 2050.
CEO of Legacy Futures, Ashley Rowthorn, says: “With the huge impact that external forces such as house prices and the probate backlog are having on the legacy market, it’s more important than ever and yet more challenging than ever, for charities to understand how they are faring compared to the market. “Charities need to stay aware and informed as to what is happening to the external drivers, so they’re able to separate market trends from their own. This will enable a better understanding of their underlying performance and to set realistic budgets and strategies for the future.” Lucinda Frostick, Director at Remember A Charity, says: “Particularly in such tough economic times, charitable legacies have never been more valued. Fundraisers, finance teams, CEOs and trustees at any charities with established legacy fundraising programmes will no doubt be thankful that their predecessors had the foresight to invest in legacies in years gone by, helping them weather the current storm. “We can’t control the economic environment, but what we can influence is the propensity for giving and the way in which we inspire people to leave a gift in their Will. Currently, we’re seeing appetite for legacy giving reach record levels. In challenging times, it’s all more important that we continue to collaborate within the sector and beyond, building on legacy growth to normalising charitable gifts in Wills.”
Long-term predicted growth of UK legacy income, £bn While growth in legacy income is positive news, charities need to be aware that the market is becoming more crowded. With more charities vying to be heard in the legacy market, it is getting
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20 - Norfolk Law - Law Society News
Proper scrutiny needed of Rwanda treaty The government’s treaty with Rwanda fails to address the Supreme Court’s concerns, the Law Society has warned ahead of a House of Lords debate on Monday (22 January). Peers are set to consider delaying ratification of the treaty, following a report by the House of Lords International Agreements Committee which found that the treaty is unlikely to change the position in Rwanda in the short to medium term.* “We are pleased to see the Committee shares our view that the conclusion of the Rwanda treaty in itself does not make Rwanda a safe country to send asylum seekers to,” said Law Society of England and Wales vice president Richard Atkinson. “The Supreme Court ruled that the policy is unlawful on a point of fact, based on a core and well-established principle of international and domestic law, non-refoulement. “It is a fact that Rwanda is not considered a safe country given the high risk of refoulement of asylum seekers.
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“The signing of a treaty does not change this finding of fact. “We welcome the Committee’s recommendation that further evidence should be presented to Parliament outlining the steps that have been taken to implement the treaty, and for further debate and scrutiny before ratification of the treaty. “The government must make time for full debates in Parliament to ensure the treaty’s provisions are properly scrutinised before they are allowed to come into force. “There are serious questions about the effectiveness of the treaty which we urge the House of Lords to probe carefully. “At the very least, peers should endorse the Committee’s recommendation that ratification be delayed until the mechanisms and safeguards in the treaty have been fully implemented.”
*https://committees.parliament.uk/publications/42927/ documents/213461/default/
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Remember A Charity Chair Allan Freeman hands over reins at year end Remember A Charity has announced the appointment of a new Chair, Anaish Yilma- Parmar, British Red Cross’s Head of Legacies, who will take over responsibility for leading the coalition of charities towards its goal of making legacy giving a social norm. Yilma-Parmar will take up the role in January 2024, picking up the reins from Allan Freeman. Having completed an extended four-year term as Chair of the consortium, Freeman will step down at the end of December. However, he will remain on the Executive group, which works closely with Remember A Charity’s staff team. His tenure as Chair has seen the campaign grow from strength to strength – with a growing charity membership amplifying the consortium’s legacy voice; influencing government around key areas such as probate, building the campaign’s network of more than 860 solicitor firms and Will-writers (Campaign Supporters), and forming successful collaborations with sector and legal partners to extend reach and drive home the legacy message.
– meeting an audience need – and the rise in legacy giving is driven by our increased partnerships and collaboration. “Anaish is incredibly well respected; he’s enthusiastic, driven, a collaborator and legacy expert, bringing a new dimension to the campaign.” Anaish Yilma-Parmar, Head of Legacies at British Red Cross, comments on his forthcoming appointment, saying: “It’s a privilege to be given the opportunity to chair the campaign following Allan. Allan brings so much knowledge and insight, and he’s made a huge impact at Remember A Charity. His legacy is that Remember A Charity is in a real position of strength. “I’m delighted to become the Chair and to continue to amplify the voice and messages around gifts in Wills. We’re in an exciting place, drawing ever closer to ensuring legacy giving becomes a social norm.”
Lucinda Frostick, Director at Remember A Charity, says: “We are hugely grateful to Allan for his leadership and support. He is always incredibly generous with his time, expertise and guidance, steering the campaign forward during a challenging period for the sector – one where legacy income and our campaign mission of growing the market has proved vital. And he did a brilliant job of it. “We’re so fortunate too that Allan is able to pass on the reins on to Anaish, who has played a key role on our Executive this year. It’s an exciting time for legacies and the campaign. Anaish’s energy, passion for legacies and for what can be achieved when we work as a collective is contagious, and we are looking forward to his leadership from the New Year.” Heading up Remember A Charity’s Executive Committee, Anaish Yilma-Parmar is tasked with overseeing that the coalition delivers on its three-pronged strategy of driving the public’s consideration and action about gifts in Wills, ensuring professional advisors consistently reference the option of legacy giving when advising clients and of working to nurture and enhance the environment for legacies. Commenting on his tenure and on Yilma-Parmar’s appointment, Freeman, Chair at Remember A Charity, adds: “I’m really proud of how the campaign has grown from strength to strength. We’ve built a body of support with growing membership and raised the profile of Remember A Charity Week and year-round the message around legacy giving. Our How to...videos have seen a phenomenal half a million views
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Able Community Care
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Norfolk Law - Book Review - 25
Book Review A PRACTITIONER’S GUIDE TO INHERITANCE ACT CLAIMS Fourth Edition
and the increasing importance of -- and often the necessity for -- negotiation and mediation.
By Nasreen Pearce
With its detailed index and table of contents -- and of course, numbered paragraphs throughout -- the book is easily navigable as are all Wildy guides. Note the tables of statutory instruments, guides, codes of practice and international materials. All but one of its thirteen chapters feature an introduction and the chapters themselves cover every relevant aspect of this minutely detailed legal landscape which, more often than not, demands an erudite, precise, and yet sensitive approach to sensitive and often complicated issues, such as -- for example -- domicile, time limits, eligibility, grounds for making a claim and so forth. Note too, the three appendices which include legislation, precedents, and practice guidance.
ISBN 978 0 85490 298 9 Wildy, Simmonds, and Hill Publishing www.wildy.com A TAX WE SHOULD ABOLISH? WELL -- NOT YET. MEANTIME, PRACTITIONERS IN THIS AREA SHOULD READ THE NEW EDITION OF THIS GUIDE An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, ‘The Barrister’ and Mediator ________________________________________________________
Comprehensive and practical, this authoritative legal text has long been regarded as an essential purchase for practitioners involved in this particularly challenging area of law. The date of publication of this hardback fourth edition from Wildy is cited as 7th July 2023.
Lawyers dealing with inheritance tax issues (and they are out there aplenty) would be wise to acquire this long established and eminently useful title -- now in a new and extensively updated fourth edition from Wildy, Simmonds, and Hill. The author -- Her Honour, Nasreen Pearce -- is a retired judge, well known to the Bar and Wildy, and particularly expert in this challenging, controversial area of law. The guide therefore offers practitioners a detailed and authoritative guide to the provisions of the Inheritance (Provisions for Family and Dependence) Act 1975, with reference to subsequent and recent legislation which is discussed and analysed in detail. The Act itself, as the author points out ‘has been amended over the years to meet the needs of an ever-changing global society,’ notably the now varied forms of family and the extension of the non-traditional family -- a prime example of this being same sex relationships. Usefully, the book provides a step-by-step guide to the preparation of cases under the Act and the practice and procedure required to process an application through the courts. The book deals with every conceivable aspect of this complicated area of law which, to the advantage of the practitioner, delivers informed comment, as well as fascinating reading, supported throughout by a wealth of references to cases. Also contained in this updated edition are detailed discussions of a range of issues that have relatively recently emerged: crypto-currencies and crypto-assets, for example
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26 - Norfolk Law - Advertorial
Top Tips Accounting Expert Witnesses My top tips for instructing solicitors when considering engaging an accounting expert witness 1. When to engage your expert. In my experience it can be helpful to engage your expert early in the dispute. Often I am engaged in the first instance to provide a preliminary view on a matter. The preliminary view is typically given in a brief written report with financial analysis but it is not in a court compliant form at this stage. This report helps the solicitor and legal counsel advise the client on the strengths and weaknesses of the case. It is typically prepared ahead of mediation and may be disclosed in mediation. A preliminary report can normally be provided quicker than the full court compliant report and will then form the basis of the court report. It is often useful to have the expert attend part of the mediation to assist the parties and mediator. In some instances the expert is approached by both parties so clearly it is advisable to approach and engage your choice of expert as soon as possible. It may be tempting to instruct your expert late in the process to minimise costs but bear in mind that experts will have existing case obligations and may not be willing to take an instruction at short notice. 2. How can your client assist us? Typically, we will receive a helpful summary of the matter in dispute and some detail on the companies involved. As forensic accountants we usually have experience in a breadth of sectors. We will undertake our own research on the sector. This research will look at how the sector has fared historically and will include consideration of strengths, weaknesses, opportunities and threats. We will look at published data on companies in the sector including any transactions. However, your client will have a deep knowledge of the sector and could assist the expert at the start of the engagement in highlighting relevant sources of industry data, background information and identifying competitors. 3. How can I ensure costs are proportionate? Consider whether you need a financial expert from a ‘top four’ firm of accountants or whether an expert from an independent or regional firm might be suitable. Since the pandemic, instructing solicitors are far more willing to appoint an expert
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from another location and to use video conferencing to avoid the costs of physical meetings. An expert working within a team will have assistants who can complete some of the financial analysis at an appropriate hourly rate. 4. Should I get a second expert opinion? In matrimonial cases, and often in shareholder disputes, the expert is appointed as a single joint expert, instructed by all parties to give an independent opinion. In such instances a ‘shadow adviser’ may assist one party in framing the questions they wish to ask on the report of the single joint expert. Typically, there is ten days to ask the questions, so it is important to line up your shadow adviser ahead of receipt of the report. The shadow adviser can also give an opinion on the report to assist the party in deciding if they wish to ask the court to allow a party expert to be appointed if they do not accept the conclusions of the single joint expert report. Obviously be aware of the court’s view on ‘shopping around’ for an expert witness. 5. Consider what areas of accounting experience your financial expert will need. Accounting is a wide subject area and accountants work in many different roles and sectors. You will need to identify an accountant who is experienced in acting as an expert witness but who also has the relevant expertise. For example, if the case is a professional negligence claim against an auditor or tax adviser you will need to identify a professional who has been in professional practice as an auditor or tax adviser. If the instruction requires an opinion on the valuation of a company, you will need an expert with experience in valuing businesses. Fiona Hotston-Moore FRP Advisory
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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.
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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