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Media No. 1111
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Officers of the Society
President
Louise Goodenough
Haywards Solicitors
Stowmarket
Tel: 01449 613631
Fax: 01449 613851
Email: louise.goodenough@haywards-solicitors.co.uk
Vice President
Benjamin Carver
John Fowlers
Colchester
Tel: 01206 576151
Email: bencarver@johnfowlers.co.uk
Honorary Secretary
Ivana Radovic
Birketts
Ipswich
Tel: 01473 921 716
Email: ivana-radovic@birketts.co.uk
Honorary Treasurer
Louise Cardwell
Ashtons Legal
Tel: 01473 261320
Email: louise.cardwell@ashtonslegal.co.uk
Honorary Council Members
Donna Taylor
Council Member for Suffolk
Nexa Law Limited London
Tel: 020 7504 7071 – Extension 2127
Mob: 07859 896 640
Email: donna.taylor@nexa.law
Karen Dovaston
Council Member for Essex, Dovaston Law, Southend on Sea, Essex.
Tel. 0800 083 6051
Mob. 07932 360 766
Email: karen@dovastonlaw.co.uk
PRO/PLO
Louise Goodenough
Haywards Solicitors
Stowmarket
Tel: 01449 613631
Fax: 01449 613851
Email: louise.goodenough@haywards-solicitors.co.uk
Education & Training Officer
Amanda Timcke
Birketts
Ipswich
Tel: 01473 406215
Email: amanda-timcke@birketts.co.uk
A Message From Our President
Dear All!
Well what a busy year it has been. I know I am looking forward to some time off over the festive period.
As photos speak louder than words (!) I thought I would show you all a few photos of some of the events I have been fortunate enough to attend this year. Not forgetting my President’s Annual Dinner which was a great success and I thank everyone that supported myself and SNELS at the Dinner. We raised over a whopping £1,300 on the raffle for Restore Women’s Aid in Bury St Edmunds which I believe is a record amount.
I have also been working closely with the Law Society as they start their preparations for their Bicentennial Year next year. The Law Society President will be attending Ipswich and Norwich next June so please keep an eye out for official dates and events near you.
As we try and wind down for the end of year, I hope you can reflect back and give thanks for anything good that has happened to you this year, and I hope you are all able to get some rest and recuperation ready to hit 2025 with a bang!
Best Regards
Louise Goodenough
President, Suffolk & North Essex Law Society
Photo Gallery
University of Suffolk Law Lecture
Justice Service for the County of Essex
President’s Annual Dinner
British Wills & Probate Awards
Introducing our new Law Society Council Member for Essex
Hello, my Essex people! I am grabbing some space in your newsletter to introduce myself as your new Law Society Council Member for Essex. I am also the Chair of the Family Law Policy Committee for the Law Society, so some of my family crew may have heard of me. I am really happy to be the representative for The Might People’s Republic of Essex, which is the finest county. (Get back, Suffolk and put your hand down). I am very keen to engage with solicitors in practice, doing the day in day out work for our clients, running our businesses and all that entails. If you think that The Law Society is not doing anything for you, contact me and tell me what you want. Since I have been involved in Chancery Lane, I am amazed at how much they are doing, which is all well and good but not if those in practice do not know about it! So, contact me!
I would also like to say thank you to Tony Fisher for the help and support he has given me and I am sure you will want to join in with that.
Karen Dovaston
Family Court digitalisation
The divorce and financial remedy portal continues to have enhancements added. In the divorce portal, applications post 12 months from conditional order can now be made in system. The divorce webchat which triages correspondence to the right destination has proved successful and will continue.
In the FR portal, you will have noticed Case File View allowing you to find documents quickly without clicking through the tabs. It does mean that care has to be taken in naming the documents (guidance has been given) and uploading the correctly.
Warning/guidance notes are added on the screens for upload. Any document you upload that is marked confidential can only ever be seen by the court and you. Those will be rare documents indeed. The majority you will upload and they cannot be seen by the other party until shared formally with them using the ‘share document’ function. The exception is for FDR document which will appear in the FDR tab and are accessible to all immediately.
Note that some FRC regions are centralised so everything goes to the central FRC court and not the hearing or admin courts. Others (ours is one of them) are not centralised yet so the FRC at Peterborough will deal with the issue of Form A, Form C and allocation of the First Appointment but after that, anything else that has to be emailed is to be sent to the admin court – mainly Chelmsford for Essex.
The guidance is on the gov.uk website and is helpful but it can be a bit tricky so persevere.
Where did the NQ’s qualify in 2024?
It’s a great reflection on the market to see where newly qualified solicitors actually end up qualifying.
We’ve conducted an analysis of the 2024 cohort of newly qualified solicitors, focusing on their chosen areas of specialisation.
Our study encompasses around 250 NQs, primarily from the regions of East Anglia, the East Midlands, and Essex, with a small London element. The resulting pie chart reveals an on going trend: an increasing number of specialised and niche roles are emerging right at the outset of legal careers.
Some niche areas that we have seen expand are planning and environment, construction, real estate finance, contentious probate, regulatory, healthcare and technology.
The difference now is that no area of the market takes up more than 10% with Corporate taking that top slot. Meaning that private client, family, and litigation are jointly the next biggest areas, with commercial property coming in as the 5th biggest area in the market.
Its definitely fair to say that there has never been so much choice on qualification in terms of diversity of roles. Niching early in your career can be a double edged sword. Becoming known for one thing in the market can really help to drive your specialism and that niche. If a role comes along in your niche you can shine as the expert in that field, knowing that there won’t be many applicants. However, you might find it harder to move to another area of law, and you may find that not many opportunities come along in that niche.
If you are contemplating your next steps, consider these key questions:
1. Is it the specific area of law that captivates me, or is it the team dynamics?
2. Can I envision this legal field challenging and engaging me in the long run?
3. Will my passion and interest in this area of law endure throughout my career?
4. Do I have any long-term aspirations (such as working internationally or in-house) that align better with a particular legal specialisation?
Regardless of where you find yourself on this spectrum, I’m here to lend an ear and offer insights. Whether you’d like to discuss market trends, career strategies, or explore
Private Client holds it own with a significant share of the market, and with an abundance of roles in that area across all levels of PQE for the last 12 months you can see why firms are so keen to get people qualified into that area.
Family is a really large part of the pie chart this year too, in 2018 was only a tiny slither of 5% of the market, now it stands at 9%. The fact it now is slightly larger than commercial property is a real sign of the times. However if you add agriculture, commercial property, residential property, planning, real estate finance & construction together, which you could argue are all the niche areas of property, then property overall is actually quite steady, being around one quarter of the market.
NQs qualifying 2024
Navigating your career path can often feel like heading into uncharted waters. You might find yourself in various situations: perhaps you have a crystal-clear vision of your direction, or maybe you’ve enjoyed all your seats equally and are grappling with the decision. It’s also possible that you’ve completed seats in areas you hadn’t initially considered, leaving you qualified but secretly wishing you had different experiences. Rest assured, these scenarios are all common and part of the journey.
potential directions, I’m just a message away. For any NQ;’s out there; congratulations on reaching this milestone in your qualification route, but remember this is also just the beginning!
Written by Clara Rose LL.B LL.M
University of Suffolk say’s goodbye to Audrey Ludwig
On 1st November, Suffolk Law Centre held an event, ‘Looking Back and Going Forward’ at University of Suffolk to say goodbye to Audrey Ludwig who stepped down as our Director of Legal Services. Audrey was the driving force behind the establishment of Suffolk Law Centre in 2018, and around 100 people – staff and volunteers, past and present, along with many others from the local voluntary sector and legal community, attended the event to reflect on the work of Suffolk Law Centre and the impact of Audrey’s vision and commitment to access to justice. It was a joyful occasion, reflecting back on the many years of campaigning and also looking forward to the future. We launched our Impact Report 2023-24, which is available on our website: https://suffolklawcentre.org.uk/impact-report-2023-24/
In 2023-24, we received 1664 enquiries for legal advice, and were able to directly assist nearly 50% of those with initial legal advice, casework or representation.
(Part of the ISCRE Family of Charities)
As part of our succession planning, our Chair of Trustees, Gareth Thomas, announced that Sophie Steward and Sue Wardell have been appointed as co-Directors of Suffolk Law Centre. As Practice Director, Sophie is responsible for HR, governance, Legal Aid Contract management, quality and systems – and a bit of finance! As Director of Operations and Development, Sue is responsible for communications, stakeholder relations, fundraising, grant income management and projects. They jointly oversee strategy and planning.
The team at Suffolk Law Centre provide free legal advice and casework in Discrimination and Family law matters, and are delighted to have just recruited a Housing Solicitor enabling them to offer a vital Housing legal advice service. With enquiries having already reached 1400 at the beginning of December, we are already on track for 2024-25 being much busier than the previous year. We are still needing more legal volunteers to support our pro bono initial Legal Advice Clinics, so please do get in touch if you would like to help us to make a difference: office@suffolklawcentre.org.uk
If you’d like to get in touch with Suffolk Law Centre’s Directors, please email sue@suffolklawcentre.org.uk or sophie@suffolklawcentre.org.uk
Tel: 01473 408111
web: www.suffolklawcentre.org.uk
Email: office@suffolklawcentre.org.uk
Are you a procrastinator?
Many of us will be familiar with procrastinating - putting off or avoiding a task that needs to be done. If often seems as if the more we have to do, the more we procrastinate. There are two types of procrastination, active and passive.
Active procrastinators work better under pressure, they may choose to leave a task until it’s right down to the wire because they thrive on adrenaline.
Passive procrastinators do so to the detriment of their performance. According to a 2013 study (https://eprints. whiterose.ac.uk/91793/1/Compass%20Paper%20revision%20 FINAL.pdf) procrastination has nothing to do with poor time management or laziness, it occurs because of our inability to manage negative emotion surrounding a task, either focused on an aversion to the task itself or because of the feelings the task provokes ‘I can’t write this, I don’t know enough about it, my boss will criticise me.’ These thoughts then make us procrastinate further.
Block out time and remove distractions
Estimate how long certain tasks will take and block out time in your calendar to complete them. Work out what times of day suit you to complete certain tasks, for example if you’re a morning person you might be better at drafting a document first thing and want to save admin tasks for the afternoon. If possible, turn off your phone and email notifications during these times so you don’t get distracted. You can also block your access to social media on your phone during certain times of day.
Procrastination is closely linked to perfectionism, low s elf-esteem, fear of failure or of moving forward in our lives. Often procrastination is a red flag that we are finding it hard to cope, it can be a symptom of an underlying issue such as stress, anxiety or depression.
So, if you are a procrastinator what can you do? Here are some tips.
Practice self-compassion
Be kind to yourself, and don’t beat yourself up for procrastinating. Just accept that you do it. Try and write down some positive things about yourself, perhaps something nice a colleague said to you, or think about a previous time you completed a similar task and it went ok.
Make a list
Start by making a list of everything you have to do. Break big tasks into smaller manageable chunks so they don’t feel overwhelming and set realistic deadlines for each task.
Make a start
It’s easy to say just do it – but sometimes exactly what you need to do is just make a start on something. It doesn’t have to be perfect.
Build in rewards
It’s important to build in rest time or reward yourself for meeting deadlines. Perhaps make a deal with yourself that you’ll get a coffee after you’ve completed a certain task, or you’ll go for a walk after clearing your inbox. Short breaks and time away from your desk improve your energy and focus.
Seek help
If your procrastination is starting to become unmanageable call LawCare for support on 0800 279 6888, email: support@lawcare.org.uk or visit www.lawcare.org.uk LawCare offer free, independent and confidential support to people working in the legal sector. All calls, chats and emails are responded to by trained staff and volunteers who have first-hand experience of working in law.
Unoccupied Property Insurance –Information feature
No inspection condition, no responsibility, no problem?
A few years ago, it was commonplace to have an inspection clause in every unoccupied property insurance policy requiring fortnightly or even weekly inspections of the property, inside and out.
Arranging weekly inspections was either expensive, engaging a local property agent or maintenance firm; or risky, cover relying on a family member arranging inspections and keeping records to evidence them.
More recently, a number of insurers have relaxed this requirement, much to the relief of the probate professional. Thirty day requirements are now commonplace. In fact, policies are also available with no formal inspection condition at all and seem to relieve the executor of any obligation – but to what extent is this really true?
Can a probate professional organise unoccupied property insurance and simply pass the responsibility to the insurer for anything that goes wrong?
Unfortunately, it’s not that simple.
Although the absence of a formal inspection warranty in a policy relieves the policyholder of a rigid ‘diary led’ inspection regime, there are other conditions which, if ignored can just as surely result in a claim being reduced or declined.
Duty of care
Just about every policy carries a written duty of care. Here you will find a written obligation to: ‘take all reasonable care to protect the property from, or to limit loss or damage’
If a maintenance issue has been left unresolved for several months and this is found to have contributed to a loss, an insurer would be within their rights to cite the above duty whilst declining to pay for damage.
Exclusions
A typical unoccupied property insurance policy will exclude any loss or damage which pre-dates the policy being in force.
If no initial inspection has been carried out, long-standing issues might go un-noticed which may later lead to a severe loss. Your insurer will have little hesitation in evidencing the long-term nature of the cause.
Also, your policy will exclude any loss or damage which has occurred (even in part) through inadequate maintenance or wear and tear
This is a particularly a wide-ranging statement (common to most policies), which can be used to decline or reduce payment in a great variety of situations, unless the insurer is provided with evidence that reasonable care has been taken to ensure the property is maintained in good condition.
A grim example – elements taken from a variety of real events
Your client’s roof collapses or is torn off during bad weather. You register a claim, confident the insurer will pay for repairs.
No other building in the street was damaged. The loss adjuster investigates further.
The garden is overgrown, the wall and some of the roof being covered by thick ivy which had dislodged and loosened gutters and slates, letting in moisture which has caused timbers to rot.
The slates, their bond with the ivy stronger than that with the roof, have ended up in the garden. The long-term effects of dampness in the roof timbers is evident.
The claim is successfully turned down.
Many insurers have a written definition of what constitutes storm conditions. Remember, a well-maintained property should be able to withstand all but extreme weather.
Advice? Arrange regular inspections on every property
In the above example, regular maintenance of the property and grounds may have provided a very different outcome. The claim may have been successful. The damage might never have occurred in the first place.
Even with no formal inspection condition, regular inspections will reduce the likelihood of damage, as well as assist with evidence to support a valid claim.
At every inspection:
• Maintenance of the garden should be viewed as an investment rather than a cost, protecting the property from damage from vegetation, reducing the risk of burglary, vandalism, damage by animals, and maintaining the property value.
• Check roof for signs of damage, slipped tiles, excessive moss growth or weeds, cracked cement etc.
• Check gutters, downpipes and drains are clear. Blockages or growth in gutters can cause damp and water ingress.
• Blocked drains can cause flooding.
• Check flat roof areas for signs of damage or weakness. A felt flat roof has a limited lifespan, anything more than 12 years old is likely to be severely weakened and in need of replacement.
• Check windows, doors and frames for signs of rot or weathering.
• Check that the stopcock is operating properly, check taps, pipes and radiators for signs of leaks or drips.
• Check pipes in loft areas. If you have water pipes in the roof space, open the loft hatch by 12 inches to allow warm air to circulate in the loft.
Colin Bickers is a Director of Bickers Insurance Services, specialists in unoccupied property insurance for probate and householders in care. This general risk management advice should not be considered exhaustive, nor suitable for every property.
www.bickersinsurance.co.uk
CON29DW: The Full Picture
Buying a house can be a long and confusing process for many homebuyers. It can be hard for them to understand and interpret search results, but making sure your client has the full picture of the house they are buying is so important. Geodesys aims to help demystify and speed up the process for both you and your client. The CON29DW is the only drainage and water report on the market that gives your clients all the information they need and is approved by the Law Society. It is designed to provide information on the public sewage and water networks and how they are connected to a specific address.
So, what makes the CON29DW so unique?
Reliability: You can trust that the data your client receives in a CON29DW is reliable, accurate and up to date. Geodesys gets the information in their report for customers in the Anglian Water region, straight from Anglian Water. Although alternative drainage and water reports are available, known as regulated or personal drainage and water reports, these do not use water company data and data quality may not be as good.
Efficiency: Time is everything in the conveyancing industry. Geodesys understands that the time it takes to receive property information can cause delays and may even result in a transaction falling through. That’s why over 90% of their residential reports are delivered within 3 days of ordering, with many being delivered the same day.
Expert Support: The Geodesys team of expert Customer Service Advisors are dedicated to providing support and answering any questions you, or your client, may have at every step of the way. Your confidence in property decisions is their priority.
The CON29DW also comes with robust terms and conditions to support conveyancers and their clients. The terms and conditions include £10m liability cover and a commitment that in the unlikely event something isn’t right, we take responsibility for the information provided.
Whether you are acting for a residential or commercial property there is a CON29DW to help.
CON29DW Residential
• Answers to all 23 Law Society copyrighted questions on drainage and water.
• Includes two maps to illustrate the position of pipes.
• Includes five pages of homeowner information.
• Easy to navigate with interactive features.
CON29DW Commercial
• Comprises of 27 standard questions aligning with the CON29DW residential report.
• Is specifically designed for those purchasing or leasing land or commercial property and covers land or buildings used or proposed to be used for commercial activities.
• Enhanced T&Cs and Indemnity.
If you’re ready for the full picture, head over to www.geodesys.com to get in touch or call on 0800 085 8050 Their team is here to answer any questions you may have.
Not all probate researchers are created equal
Probate Research is a largely unregulated industry with no barrier to entry. No qualifications are required, nor any evidence of relevant training needed. In fact, anyone can set up their own firm quicker than you can say “Who Do You Think You Are?”.
Which is quite worrying when you think about it.
Contrast this with the life of a legal professional working in a law firm in this country. A heavily regulated industry overseen by the Solicitors Regulation Authority. Years and years of high intensity study, followed by further years of gaining hands-on experience. With an ongoing requirement to demonstrate competence and continuous professional development.
All whilst getting on with the day job of helping clients.
Competence
When viewed like this, these two worlds could not be more different, yet they can intersect regularly, most notably in the Private client sector. The danger is if there are any issues from a legal professional instructing a researcher who is not up to the job, then the client is going to put the blame squarely at the law firm’s door.
At Anglia Research, we quickly identified the need for some form of regulation for the probate genealogy industry to help tackle such scenarios. That is why we have been regularly campaigning to help raise standards across the sector which has seen substantial growth in recent years, driven by TV shows such as “Heir Hunters” which sensationalised the sector.
Without any independent regulation, there are no checks and balances for those that access the market – the legal profession, the public sector and individuals. There is no true accountability.
Independent regulation of our industry is important; not just from a consumer confidence viewpoint, but also to ensure that it is a more level playing field with a base level of service and competence being required within the sector.
Regulation: Institute of Paralegals
At the beginning of this year, we as a company became regulated by the Institute of Paralegals (IoP). Becoming a corporate member of the IOP effectively ends our search for an independent regulator. The industry cannot continue to hide behind self-regulation or in some cases, no regulation whatsoever.
For those acting in the best interests of their clients, there is absolutely nothing to be feared by regulation. For us, independent regulation is the only way forward.
We believe that this is essential for those that are serious about offering their clients the highest levels of service. For our clients, this means that in addition to the guarantees offered
by our own code of conduct, they will have the reassurance of connecting with a culture in which accountability is fundamental.
Anglia Research employs more accredited genealogists, legally qualified and independently regulated staff than any other UK probate research firm. We have a commitment to our profession - we employ seventeen staff who hold paralegal PPR certificates and in addition have five members of staff who are Association of Genealogists and Researchers in Archives (AGRA) accredited.
In addition to this accreditation and qualifications, our Case Managers have a combined total of over 270 years of experience. We know that your best guarantee of a legally sound outcome lies in the calibre of our team. Our investment in accredited staff is your assurance. We believe it is our staff that sets us apart.
Transfer of regulation to the Institute of Paralegals commenced at the start of next year, with all existing paralegals qualifications and certifications issued by the Institute of Paralegals carrying over as part of the CILEX acquisition of the Professional Paralegal Register.
Conclusion: Instruct a True Professional Ultimately, we are heavily focused on case manager training and accreditation because we know how important it is to give comfort to legal professionals using our services. Not every probate research firm has taken this view and thus, not all probate genealogy firms are created equally.
So, overall, it pays to use the services of an experienced, accredited firm that has experienced, qualified employees to undertake the work needed in a professional manner. Do your due diligence. You owe it not just to yourself but also to your clients.
We can be contacted via the following web address: www.angliaresearch.co.uk
Deborah Biggadike v Kamilia El Farra & Anor [2024]
EWHC 1688 (KB)
Summary
The judge found that it was entirely artificial to think that sharing a platform speaking at a seminar during (in the case of one expert) or before (in the case of the other) giving evidence would have any effect or impact on the evidence of two expert witnesses in urogynaecology.
Learning points
Learning points for instructing parties:
• It is best to disclose any potential conflicts of interest mentioned by the experts you instruct, to the court and the other parties, even if they appear minor or tangential.
• You should remind the expert witnesses you instruct of their duties and obligations and make a point of selecting expert witnesses who can demonstrate that they have appropriate training in those duties and obligations.
Learning points for experts:
• Engaging in normal professional activities, such as sharing a platform speaking at a conference or seminar with a colleague acting in the same case, should not by itself cause a conflict.
• Expert witnesses in smaller fields will naturally be aware of most, if not all, other experts and professionals working in their field, and this should not, of itself, cause a conflict.
• Nevertheless, you should disclose any such circumstances to your instructing party.
The Case
The claimant alleged that she underwent a TVT-A tape implantation procedure that would otherwise have been avoided because of breaches of duty by the first defendant. The claimant and first defendant alleged that that a subsequent mesh excision surgery and colpsuspension performed by the second defendant were a breach of duty.
The Experts
Three expert urogynaecologists provided evidence: Dr Sokolova, Mr Robinson and Mr Toozs-Hobson. The integrity of Mr Toozs-Hobon and (to a lesser extent) Mr Robinson as independent experts was attacked during cross-examination which sought to suggest that they had personal, professional and/or financial interest in the outcome of the trial and/or had a financial interest in the supply of vaginal mesh products.
Seminar for urogynaecologists
During the course of the trial Mr Toozs-Hobon and Mr Robinson shared a platform speaking at a seminar for urogynaecologists which had been planned before the trial. Due to changes in the trial timetable, Mr Robinson was giving evidence over the weekend of the seminar, while Mr Toozs-Hobson was yet to give evidence. Both experts had informed their legal team of this professional commitment but had not informed the court or the second defendant or her lawyers.
The Judge’s view
The judge noted that it would have been preferable for this commitment to have been volunteered to the court and the second defendant. However, had it been disclosed, the judge would have done no more than to the remind the experts not to discuss the case between themselves, and Mr Robinson (who was in the process of giving evidence) that he was prohibited from discussing his evidence with any other person. The judge was able to ascertain that this was in fact how the experts acted. The judge went on to note that the sub-specialism of urogynaecology was a small one. Mr Robinson and Mr Toosz-Hobson already knew each other and the defendants before the case. She noted that “[i]t is entirely artificial to think that the organisation and attendance at the weekend seminar would have any effect or impact on [the experts’] evidence. Mr Robinson and Mr Toozs-Hobson had each already provided written reports and then a Joint Statement addressing a detailed agreed agenda. The quality of the substance of their opinion could be and was properly explored through the trial process.”
The judge rejected the suggestion that the experts had approached the task of giving evidence other than in accordance with their duties to the court. She also rejected any suggestion that either had given evidence that had been improperly influenced by any hidden agenda of protecting personal, professional, or financial interests or had a stake in any particular outcomes in the litigation.
Phone: 020 3880 0064
Web: www.ewi.org.uk
Email: simon.berney-edwards@ewi.org.uk
Address: PO Box 797, Redhill, RH1 9JS
by Sean Mosby
The Hidden Burden of Administration
When clients face the end of a marriage or the loss of a loved one, they are often plunged into a sea of administrative tasks. These responsibilities can feel endless and exhausting, piling onto the emotional weight they’re already carrying.
After Bereavement
The death of a loved one brings grief, but it also comes with an overwhelming to-do list. Clients may find themselves grappling with:
• Probate and wills: Navigating legal processes, ensuring wishes are respected, and dealing with inheritance disputes.
• Pensions: Identifying entitlements, liaising with pension providers, and handling scheme-specific rules.
• The family home and bills: Deciding whether to keep or sell a property, transferring utilities, and managing ongoing expenses.
• Vehicles and other assets: Transferring ownership or deciding whether to sell.
• Financial accounts: Closing joint accounts, paying debts, and ensuring access to necessary funds.
Many people in these situations are encountering these tasks for the first time. For someone already consumed by grief, even basic decisions can feel overwhelming.
During Divorce
Divorce comes with its own administrative and emotional challenges, including:
• Untangling joint finances: Splitting bank accounts, mortgages, and investments while balancing fairness with future stability.
• Revisiting pensions: Understanding valuations, navigating legal processes, and making decisions that impact long-term financial security.
• Redefining the future: Adjusting plans for retirement, insurance, and living arrangements.
Navigating Pensions in Divorce and Bereavement: A Collaborative and
Compassionate Approach
Divorce and bereavement are among life’s most challenging experiences, bringing emotional pain and a host of practical challenges. At Kingsfleet, we understand these situations not just professionally but personally. Having been through these experiences ourselves, we know how overwhelming they can feel.
For family lawyers, guiding clients through these transitions means balancing legal expertise with compassion. By working together, family lawyers and financial advisers can provide the emotional support and practical guidance clients need during these life-changing moments.
In both cases, the practicalities aren’t just about paperwork - they’re deeply personal. Every decision can feel like a reminder of what’s been lost, making it difficult for clients to move forward.
The Emotional Toll
At Kingsfleet, we’ve seen firsthand how the emotional and practical challenges of divorce and bereavement intertwine. Clients often share that they feel overwhelmed, unsure where to start, or stuck in a state of limbo.
These events can leave people questioning their future. Will I be financially secure? How do I rebuild my life? These are not just financial questions - they’re deeply emotional ones, tied to a person’s sense of stability and identity.
By approaching these situations with empathy and understanding, we can help clients feel supported during one of the most vulnerable times in their lives.
How Financial Advisers Can Help Financial advisers play a critical role in easing the burden on clients. Our work isn’t just about numbers - it’s about helping people regain a sense of control and confidence.
Lightening the Load
At Kingsfleet, we aim to simplify the process by:
• Breaking down tasks into manageable steps: Whether it’s understanding pension entitlements, updating beneficiary information, or reviewing household budgets, we provide practical guidance to help clients move forward.
• Demystifying financial jargon: Many clients find pensions and financial terms intimidating. We explain options clearly, giving clients the knowledge they need to make informed decisions.
• Taking a future-focused approach: We create plans that address immediate priorities while setting clients up for long-term stability.
Providing Emotional Reassurance
We understand that every situation is unique. That’s why we tailor our advice to meet the individual needs of each client, offering not just solutions but a steady hand through uncertain times.
Our personal experiences have taught us that even small acts of support - listening, simplifying a task, or offering reassurancecan make a big difference.
A Partnership Built on Compassion
For family lawyers, working with financial advisers can enhance the support offered to clients. While lawyers handle the legal complexities, advisers focus on the financial details, ensuring that every decision aligns with the client’s emotional and practical needs.
By working together, we can offer a holistic service that lightens the load for clients during these challenging times. Our shared goal is to help them feel secure, cared for, and confident in their next steps.
A Better Way Forward
At Kingsfleet, we believe in combining professionalism with compassion. Our personal and professional experiences have shaped our approach, allowing us to truly understand what clients are going through.
Divorce and bereavement are never easy, but with the right support, clients can navigate these transitions and rebuild their lives. By working together, family lawyers and financial advisers can provide clarity, stability, and hope for a brighter future.
Let’s start the conversation. Together, we can make a meaningful difference for those we serve.
Introducing FHM Forensic Accounting –a specialist forensic accounting practice based in East Anglia
By Fiona Hotston Moore
Overview
Although FHM Forensic Accounting was only founded in April 2024, our expert –Fiona Hotston Moore - has over 20 years’ experience as a forensic accountant and an accredited expert witness. Our mission is to help clients resolve financial disputes and problems in an efficient and cost-effective way
Our specialist services include:
• Business Valuations
• Divorce and matrimonial matters
• Shareholder and commercial disputes
• Private client and family disputes
• Professional negligence claims
• Fraud investigations
About Fiona Hotston Moore and the team
Fiona qualified as a Chartered Accountant in 1990, is a Fellow of the Institute of Chartered Accountants in England and Wales and also a Chartered Tax Adviser. She is a member of the Academy of Experts trained as a Single Joint Expert and an Accredited Counter Fraud Specialist. She is an accredited Expert Member of the British Valuation Institute (BVI UK).
Fiona has considerable experience in business valuation, commercial and shareholder disputes, matrimonial and family matters and professional negligence matters. Fiona has been instructed as an expert in approximately 400 cases in her career to date. She is often instructed as a Single Joint Expert. Fiona has given evidence on many occasions in the Family Court, High Court, International Arbitration, Tax Tribunal and has assisted in mediation.
In addition to acting as Single Joint Expert, Fiona acts as Party Expert, Shadow Adviser and in Expert Determinations.
Fiona is passionate about forensic accounting and working with fellow professionals to help clients resolve problems and move forward with their lives. Outside of her professional life, Fiona enjoys travel and has visited 58 countries. With the benefits of hybrid working she intends to add a few more countries to the list over the next few years.
Tom Arnold
Fiona is delighted that Tom has chosen to join FHM and, as an Assistant Director, will play a significant role in the continued development of the practice. Fiona and Tom have worked together for several years and many of our clients will already have worked with Tom.
Tom is a qualified accountant with approximately ten years’ experience in advising clients. In the last four years Tom has focused on forensic accounting and expert witness assignments and has worked with Fiona on a variety of cases including business valuations, matrimonial cases, shareholder disputes and professional negligence matters.
Graham Hines
Graham founded FHM with Fiona and looks after all the back-office facilities including technology, website, compliance and internal accounting to ensure we provide the quality of service that is important to us. Graham has assisted Fiona for many years on forensic assignments and is passionate about the quality of the product and is able to assist on complex financial analysis.
Outside of FHM, Graham has a passion for photography, classic cars and live music.
Other Specialists
Aside from Fiona, Tom and Graham, we have formal engagements with a number of specialists and work alongside regional accounting practices as appropriate.
We offer our services across the UK and occasionally beyond and we intend to develop the practice further with additional
Our forensic accounting services
We have a reputation for our specialist valuation services. We value businesses of all shapes and sizes. The valuation may be required for the purposes of a financial dispute or for commercial reasons. Our valuation services include:
• Company valuation
• Minority share valuation
• Partnership valuation
• Sole trader and one-man companies
• Employee share valuation
• Divorce business valuations
• Unfair prejudice
• Employee and director disputes
Divorce and matrimonial matters
Whatever the nature and size of the case, we ensure that our opinions are clear, relevant, credible, informed and cost-proportionate.
We can provide a preliminary fee quote based on minimum information and we aim to respond within two working days to every enquiry.
On smaller cases, including sole traders and partnerships, we aim to provide an efficient and cost-effective service. On larger cases we have expertise in a breadth of sectors and experience in international groups, complex share structures and quasi-partnerships. We can assist with:
• Share and business valuations
• Liquidity reviews
• Capital extraction
• Taxation considerations
• Capital gains tax calculations
• Income assessment
• Shadow adviser reports
• Form E review
• Investigations
In conclusion
We value our strong relationship with our instructing law firms in East Anglia and beyond and we appreciate your support since we set up FHM Forensic Accounting. We look forward to working with instructing solicitors and their clients to continue to help resolve financial challenges.
Contact details
fiona@fhmforensic.co.uk
+44 (0)7770 642491 www.fhmforensic.co.uk
The Great Wealth Transfer: Challenges, Opportunities, and Solutions for Lawyers and Accountants
Understanding the Great Wealth Transfer
The “Great Wealth Transfer” refers to the historic shift in wealth we are witnessing now, and over the coming decades. Experts estimate that over £5.5 trillion will be passed down before the end of 2050, making it a significant event in financial and estate planning.
At the centre of this significant wealth transfer are baby boomers, born between 1946 and 1964, who are expected to pass their accumulated wealth to Generation X (born 19651980) and Millennials (born 1981–1996). On average, individuals inherit wealth at the age of 58, which means we are at the cusp of this massive wealth shift.
This wealth transfer brings unique challenges, but also numerous opportunities for legal and accounting professionals to assist clients in estate planning, tax strategies, and financial management.
For legal professionals, the wealth transfer creates an increasing demand for drafting complex wills, trusts, and long-term care plans due to larger estate sizes. Accountants, on the other hand, play a critical role in advising clients on how to minimise tax liabilities while efficiently managing wealth transfers.
Challenges faced
Generational Communication Gaps
One of the greatest challenges lawyers and accountants will face during this Great Wealth Transfer will be facilitating conversations between different generations about sensitive issues like inheritance and death. Baby boomers tend to be more reserved about discussing financial matters, while Millennials and Generation Z are more comfortable with digital communication but may lack the experience to navigate face-to-face discussions about complex family financial dynamics.
Lawyers must encourage open conversations about estate planning with their older clients. Often, baby boomers are reluctant to discuss wealth and death due to cultural norms, making it necessary for lawyers to create an environment where clients feel comfortable sharing their goals. Accountants face similar challenges when discussing wealth transfer strategies, particularly with clients who may not have been proactive in financial planning. Financial literacy among the younger generations also poses challenges, as they may not fully grasp the complexities of managing inherited wealth.
By Craig Matthews. CEO, LEAP Estates.
Complex Tax Planning
A significant concern in wealth transfers is the potential tax burden on beneficiaries. Large estates can push individuals into higher tax brackets due to inheritance taxes and capital gains, fundamentally changing their financial profiles. Beneficiaries who were previously non-taxable may suddenly face substantial tax liabilities, which can complicate the transfer process.
Lawyers will need to ensure that estate plans are designed to account for future wealth transfers and tax implications. Similarly, accountants must help clients manage tax changes by implementing strategies such as gifting assets, creating trusts, or making charitable donations to reduce tax burdens.
Opportunities for Lawyers
Expanded Estate Planning Services
The scale of wealth being transferred presents law firms with an opportunity to expand their estate planning services beyond basic will drafting. Clients will need more comprehensive planning that addresses long-term tax implications, asset protection, and anticipated future wealth. Lawyers can engage clients in conversations about potential inheritances, ensuring that their estate plans account for both current and future assets.
By taking a proactive, holistic approach to estate planning, lawyers can position themselves as key advisors, guiding clients through the complexities of managing wealth transfers.
Cross-Departmental Collaboration
Estate planning frequently overlaps with other legal areas such as tax law, family law, and business law. This creates an opportunity for law firms to foster collaboration between departments to provide clients with seamless and integrated legal services. By working together, different departments can ensure that clients’ legal and financial needs are comprehensively addressed, enhancing the firm’s reputation and client satisfaction.
Client Retention and Engagement
Assisting clients through the wealth transfer process can help law firms build long-term relationships with clients and their families. Regularly reviewing estate plans and keeping clients informed about potential changes in their financial situations not only fosters trust but also solidifies the lawyer’s role as a valuable advisor.
Engaging younger generations, who will eventually inherit wealth, is also critical. By helping them understand estate planning, lawyers can establish lasting relationships that extend beyond the initial wealth transfer.
Opportunities for Accountants
Tax Planning and Wealth Management
The wealth transfer offers accountants opportunities to provide essential tax planning and wealth management services. As clients inherit wealth, they will need advice on managing it efficiently while minimising tax liabilities. Accountants can help clients use trusts, gifting strategies, and other tools to ensure that wealth is transferred in a tax-efficient manner.
Additionally, accountants can advise clients on how their financial profiles will change post-inheritance, helping them restructure investment portfolios to account for new assets and minimise tax exposure.
Estate and Succession Planning
Collaborating with lawyers, accountants can provide comprehensive estate and succession planning services that account for tax consequences, family dynamics, and long-term financial goals. This collaborative approach ensures that clients are well-prepared for the financial and legal implications of wealth transfers.
The Role of Estate Planning Technology
Extra Considerations for Lawyers
As the value of estates increases, there is a growing likelihood of disputes among beneficiaries, particularly in high-value cases. Lawyers need to be vigilant in documenting clients’ intentions clearly and ensuring that estate plans are updated regularly to reflect changes in financial circumstances. Estate disputes can be emotional, especially when family homes or sentimental assets are involved, adding complexity to estate planning.
Lawyers must also stay informed about changing tax laws, such as the potential removal of certain exemptions. Changes in tax policy may require clients to sell properties to meet inheritance tax obligations, leading to emotional and financial challenges. Educating clients on the benefits of proactive estate planning is key to minimising disputes and ensuring smoother wealth transfers.
Modern estate planning technology plays a crucial role in helping lawyers and accountants manage the complexities of the Great Wealth Transfer. From automating document drafting to improving client communication, legal technology enhances efficiency and provides real-time insights for informed decision-making.
Automation and Efficiency
Estate planning technology enables automation of tasks such as drafting estate planning documents and managing client data. Automated workflows ensure that all necessary steps are completed, reducing errors and streamlining the estate planning process.
Improved Client Communication
Estate planning software enhances communication between lawyers and clients by providing secure, online access to important documents and information. Younger generations, in particular, appreciate the convenience of digital communication over traditional face-to-face meetings. Additionally, modern software suppliers like LEAP Estates fosters collaboration between departments within a law or accountancy firm, ensuring clients receive integrated and comprehensive services.
Data Management and Analytics
As the amount of wealth being transferred increases, managing client data effectively becomes critical. The latest software with advanced analytics capabilities allows professionals to analyse trends, predict outcomes, and make more informed decisions. Predictive analytics can help firms identify clients who may benefit from estate planning services, allowing professionals to offer tailored advice and enhance client retention.
Conclusion
The Great Wealth Transfer presents significant challenges and opportunities for legal and accounting professionals. While generational communication gaps and complex tax planning pose difficulties, the vast wealth being transferred offers professionals the chance to provide valuable, comprehensive services. By leveraging technology and focusing on long-term client relationships, lawyers and accountants can position themselves as trusted advisors, guiding clients through the largest wealth transfer in history. Estate planning software, in particular, will play a crucial role in streamlining processes, improving client communication, and ensuring that firms can manage the complexities of this wealth transfer efficiently and effectively.
About LEAP Estates
LEAP Estates occupies a unique position in the legal software market, providing specialist software for probate solicitors and estate planners.
With powerful features and functionality, the innovative solution provides everything you need to manage your client’s wills, LPAs and estates efficiently, including case management, accounting, document assembly and management, will building and legal publishing assets in one integrated cloud solution.
For more information, please visit www.leapestates.co.uk or follow LEAP Estates on LinkedIn.
Understanding retention Challenges in the Legal Industry: What’s Driving Talent to Leave?
The legal profession is renowned for its intellectual challenges, rewarding careers and dedication to excellence. Yet, like any industry, it faces challenges, particularly when it comes to retaining talent. Many firms are seeing high turnover rates, especially among junior and mid-level lawyers and are asking themselves, why are we struggling to hold on to great people?
Before we can address retention challenges, it’s important to explore the underlying causes. By understanding what’s contributing to turnover, firms can take meaningful steps to create workplaces where top talent thrives.
The pressure of high expectations
The legal profession is demanding, with long hours, complex work and high client expectations often seen as the norm. These pressures can lead to:
• Burnout: The intensity of the workload can leave individuals feeling exhausted and disconnected.
• Work-life imbalance: For many, the demands of the job make it challenging to maintain personal commitments or prioritise well-being.
While these challenges are not unique to law, they can be more pronounced in an industry that places such a premium on excellence and results.
Career development uncertainty
Many lawyers are ambitious and want to see a clear path for their future. When that path seems unclear, it can lead to disengagement. This might include:
• Rigid progression models: Traditional career paths, such as the route to partnership, can feel daunting or out of reach for some.
• Limited mentoring and feedback: Lawyers often thrive with strong guidance and encouragement, but in busy environments, mentoring can sometimes take a back seat.
• Shifting priorities: Younger lawyers in particular value ongoing learning and career growth, and they may look elsewhere if these needs aren’t met.
Shifts in workplace culture
The culture of a workplace has a significant impact on how individuals feel about staying long-term. While many firms work hard to build supportive environments, challenges can sometimes arise, such as:
• Perceptions of exclusion: Ensuring everyone feels valued and included is critical, particularly for those from un derrepresented backgrounds.
• Generational gaps: Differences in working styles or priorities between generations can sometimes lead to misunderstandings or unmet expectations.
Fostering a culture where people feel supported, heard and valued is essential for long-term retention.
Changing expectations among new generations Today’s junior lawyers often bring different perspectives and priorities to the table:
• Flexibility: Many value the ability to balance work and life commitments, whether through hybrid working models or manageable workloads.
• Purposeful work: Younger professionals increasingly seek work that aligns with their values and provides a sense of meaning.
• Ongoing development: Regular feedback and opportunities to grow professionally are high on their list of priorities.
These shifts aren’t challenges, they’re opportunities for firms to engage with a new generation in fresh, innovative ways.
The challenge of mental health
Awareness of mental health in the legal profession has grown significantly and many firms have taken commendable steps to address it. However, the demanding nature of the work can still make it difficult for some lawyers to speak openly about their struggles. Creating a culture of support and understanding can help teams thrive.
Broader market dynamics
The legal landscape is evolving, offering lawyers more career options than ever before, including in-house roles, alternative legal service providers and non-traditional pathways. This increased mobility, combined with client pressures to reduce fees and improve efficiency, can make retention more complex.
The opportunity to lead
Retention challenges don’t have to be viewed as problems… they can be reframed as opportunities. By understanding the pressures and priorities of today’s workforce, legal leaders have a chance to shape the future of their firms in ways that inspire loyalty and engagement.
Every firm has its own unique culture and strengths and by building on those foundations, it’s possible to create workplaces where lawyers feel motivated to stay and grow.
At Professional Training, we’re committed to helping legal firms tackle this challenge head-on. Our upcoming conference, Unveiling the Secrets to Talent Retention: Strategies for Building a Loyal and Engaged Workforce, is designed to provide law firm leaders with the insights and tools they need to build a culture where top talent thrives.
Book your place now and receive:
3 £100 early bird discount – Secure your place now and save
3 Two complimentary places on our 2025 webinars for you or your colleagues
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Find out more and book your place here: https://professional-training.co.uk/theprofessional-training-conference/
Remember A Charity launches wealth adviser committee
New committee aims to empower advisers to accelerate growth of high value legacies
Remember A Charity, the consortium of UK charities working to grow the legacy giving market, today announces it has set up a committee of wealth advisers to build expertise within the advisory profession and to champion and promote legacy giving amongst high-net-worth clients. The Private Client Advisory Committee for Legacy Giving is working to guide the consortium’s work programme with wealth advisers, which aims to equip wealth advisers with the knowledge and resources they need to inspire and support high net worth clients in achieving their philanthropic goals, growing high value legacy giving.
The creation of the committee follows the consortium’s exploratory research into the role of wealth advisers in growing legacy giving, published earlier this year. This revealed that appetite for supporting clients in achieving their charitable legacy was high, but that relatively few advisers outside the Will-writing sphere regularly advised clients on the topic. The research report was accompanied by a suite of web-based resources for advisers, including a business case for discussing charitable legacies with clients and case studies showing the different ways a charitable legacy can be structured.
Remember A Charity’s wealth adviser programme builds on the consortium’s experience of working with solicitors and Will-writers in having established a network of 900 solicitor firms and Will-writers (Campaign Supporters) who have all committed to make their clients aware of the option of including a charity in their Will, normalising legacy giving.
Role of the committee
The Private Client Advisory Committee for Legacy Giving brings together influential wealth advisers to accelerate learning, developing the knowledge and skills needed for advisers to initiate values-led discussions with their clients about charitable legacies. Committee members have committed not only to share knowledge and expertise, but to advocate for legacy giving with their clients, within their organisations and across their wider peer groups and networks. This includes:
• Raising the topic of legacy giving with their clients and supporting those who wish to fulfil their charitable legacy
• Educating and informing colleagues, championing legacies across their firm
• Advocating for legacies — inspiring their wider network to discuss charitable legacies with clients
• Reporting learnings back to the committee, accelerating learning and helping to shape Remember A Charity’s future development of best practice guidance and resources for advisers
Committee Chair and Private Wealth Partner at Boodle Hatfield, Clare Stirzaker, says:
“Helping private clients consider and implement their charitable legacy is a privilege for any adviser and definitely the part of my job that I enjoy the most. The aim of this committee is to address how we can better enable our colleagues and peers to raise and discuss this important topic with clients. I very much hope that our efforts and collaboration drive changes across the wealth management industry, supporting higher levels of legacy giving whilst also unlocking potential lifetime giving too.”
Director of Remember A Charity, Lucinda Frostick, adds: “Private client advisers are pivotal when it comes to supporting clients with their philanthropic and financial decision-making. Yet, when it comes to engaging with high net worth individuals about legacy giving, these conversations can be few and far between, and there is opportunity for greater depth. Such discussions can be crucial in supporting clients achieve their philanthropic legacy.
“Our mission with this work programme is to deepen our understanding of the ways in which wealth advisers can support clients with charitable legacies, and to empower and equip this growing community of influential advisers to unlock and inspire legacy growth across their client base.”
Driving Best Practice in legacy giving
The committee will shape Remember A Charity’s work programme with wealth advisers. This includes developing training, mentoring and best practice guidance. By nurturing a network of legacy advocates in the wealth adviser community, Remember A Charity aims to accelerate the growth of high value legacies and inspire a longer-term cultural shift where advisers more regularly inspire legacy consideration.
The committee first met in person in September, agreeing the terms of reference and exploring the key areas of activity to be progressed within the group. They will continue to meet on a quarterly basis for a 12-month period before reviewing next steps.
Remember A Charity responds to Autumn Budget
Following the Chancellor of the Exchequer Rachel Reeves’ Autumn Budget statement delivered earlier today, the UK consortium of charities Remember A Charity has welcomed the Government’s decision to keep inheritance tax (IHT) incentives in place for individuals who choose to leave a legacy gift to charity.
Alex McDowell, Vice Chair of Remember A Charity says: “Fiscal incentives play an important role in inspiring more people to leave a legacy gift and encouraging professional advisers to make their clients aware of the option and benefits of including a charity in their Will.
“Legacy gifts are not only a deeply meaningful way of giving, but they are vital to society, helping to fund everything from hospice care to emergenc services, homeless charities to community care supporting people who are alone and vulnerable. The Government’s preservation of these crucial incentivesis instrumental in helping to safeguard the long-term sustainability of charitable causes in the UK. These incentives could become even more impactful should more estates qualify for IHT as a result of the IHT thresholds being frozen.”
Remember A Charity also hopes that the 2% productivity and efficiency savings target set for all Government departments next year will mean that further improvements will be seen in the probate service. In recent months, the situation has seen marked improvement — something that Remember A Charity would like to see continue.
McDowell comments:
“A smooth-running probate service can reduce the stress experienced by bereaved families. It can also ensure gifts kindly included in charity supporters’ Wills can be put to good use sooner, enabling charities to plan and deliver their essential services.”
Remember A Charity had called on Government to protect the fiscal incentives that encourage legacy donations, and had earlier this year presented evidence to the Parliamentary Inquiry pertaining to the importance of a well-run and well-funded probate service. The consortium promises its member charities to continue to work with the Government and policymakers to influence and shape the future legacy giving landscape for the benefit of charities, supporters and bereaved families.
Matthew Lagden, CEO of the Institute of Legacy Management (ILM) has also welcomed the Chancellor’s decision to keep IHT relief for charitable gifts in Wills and to maintain the exemption from capital gains tax on the sale of property or assets donated to charity.
He says: “Charities rely heavily on legacy giving and there will be a unanimous sigh of relief within the charity community that the Chancellor has seen fit not to make any changes to this incredibly important pipeline of financial support.”
Read Remember A Charity’s joint submission with the Institute of Legacy Management submitted ahead of the Autumn Budget: https://www.rememberacharity.org.uk/about-us/latest-news/ protecting-the-fiscal-incentives-on-legacies-and-more/
www.rememberacharity.org.uk
