British Wills and Probate Awards: Judges’ Insights Carrie Caladine and Eleanor Evans
As Champagne Sponsors at this year’s British Wills and Probate Awards 2021, we continue to celebrate with our Judges’ insights series. We will be sharing weekly interviews with the judges themselves to get their views on the future of the industry and what firms need to do to excel.
Following last week’s topical interview with Trevor Worth, Managing Director and Founder of Portcullis Legals, and Jane Cassell, of JC Independent Wills & Probate. This week are are joined by Carrie Caladine, Managing Director at Right Legal Group (LinkedIn) and Eleanor Evans, Partner at Hugh James (LinkedIn).
What is the greatest industry change/shift you’ve observed in your career to date?
Carrie: I have been in legal services now for 12 years and many of the firms that were present at the start of my journey sadly are no longer trading. There has been, and continues to be, a big shift in terms of how high street law is delivered.
Eleanor: A few big changes that have happened during my 17 years of practice spring to mind. The introduction of the transferable nil rate band in 2007 had a huge impact, in many respects simplifying both lifetime inheritance tax planning, and estate administration, albeit there are still many discretionary Will trusts in existence which require appropriate advice and action, when estates are being administered.
During my career to date I have also seen the introduction of civil partnerships and same sex marriages, which have simplified estate planning for same sex couples, increases to the statutory legacy for spouses/civil partners under intestacy, and a removal of the statutory trusts that used to apply where assets over the statutory legacy were left.
More recently, the move to digitalisation has been a great shift in an industry that was often thought of as old-fashioned. The online probate application process is a brave new world for practitioners and I hope that, once the changes are fully implemented and the probate registry overcomes its backlog, this will make for a more convenient, streamlined process for all. The planned digitalisation of LPAs, and the impact of the remote Will witnessing legislation introduced during the Covid-19 pandemic, will also be changes I will continue to watch with interest.
What do you see as the greatest challenge facing the wills and probate industry today?
The fact that over 50% of the adult population still don’t have Wills in place is a big message to us all to find more effective ways to encourage families to seek the protection that they need.
Carrie Caladine, Right Legal Group
Carrie: The greatest challenge has to be how as an industry, we encourage more people to make Wills without compromising on quality and advice. The fact that over 50% of the adult population still don’t have Wills in place is a big message to us all to find more effective ways to encourage families to seek the protection that they need.
Eleanor: There is an increased tendency for people to want to deal with probate and estate administration themselves, rather than instruct solicitors. In straightforward estates, this can be appropriate, but in more complex cases, it can result in problems which can then be difficult to resolve, further down the line. There is also an increase in probate-related litigation which, whilst great for contentious probate lawyers, can cause challenges for Will writers and estate administrators.
What was the greatest lesson of the events of the past year and a half, and what will be the lasting effect of the pandemic on wills and estate management?
Carrie: I think that the industry generally has adapted as well as it could, given the circumstances. Learnings will inevitably be ensuring business continuity is higher up on the board agenda and that our businesses are resilient enough to survive and thrive when the unexpected happens.
The lasting impact of COVID is hard to predict at the moment as we are still very much ‘in it’ but what I do know is that we’ve all been through an incredibly tough time, and compassion and empathy for both clients receiving services and our employees delivering the services has never been more important.
Eleanor: Here at Hugh James, the transition from office working to working from home was quite seamless; we had the appropriate technology in place, and our teams worked hard to find new ways to provide excellent service to our clients. Our firm, like many, is moving to a hybrid working structure to take advantage of the flexibility of remote working, along with the benefits of collaboration, learning, and teamwork, that come with office working. The pandemic undoubtedly accelerated this change to a more flexible method of working, which can be seen across the industry and the wider business community.
What barriers need to be overcome to encourage greater integration of technology by practitioners in the industry?
“ It can be difficult to “teach old dogs new tricks”; many lawyers are stuck in their traditional ways and do not see any need to change their approach or adopt new technology”
Carrie: I think that as an industry, practitioners largely buy into the need for greater integration of technology to enable them to do what they do best. I think one of the barriers to the effective integration of technology is the level of operational change management, training and support provided by firms when new systems are implemented.
Eleanor: It can be difficult to “teach old dogs new tricks”; many lawyers are stuck in their traditional ways and do not see any need to change their approach or adopt new technology. Time can also be an issue, as we are all busy and it can take time to learn and adapt to new approaches. Lawyers are also risk-averse and need to be satisfied that new technology can help them manage their risk.
What is the most important area to focus investment on across the industry right now?
Carrie: Training, training, training! The standard of advice that can be accessed by clients varies so much and therefore a high-quality and consistent service isn’t always guaranteed. If we are to encourage more people to have this valuable protection then we need more advisors across the industry that deliver a high standard of service.
The people working in this industry are key to its success, and it is important to invest in the training and development of talented lawyers.
Eleanor Evans, Hugh James
Eleanor: The people working in this industry are key to its success, and it is important to invest in the training and development of talented lawyers. Continuous improvement to service standards, using technology, is also a crucial area of investment.
How do you expect the industry will expand in future years and what improvements need to be made to the Wills, probate and estate management sector?
Carrie: I think that more people will buy their Wills online but there does need to be a big improvement around the transparency of whether they are receiving an advice-based service versus a self-diagnosed service and the potential impact of creating a Will without seeking advice in the process. We have already seen the financial services industry do this really well and I think the legal industry can take a lot of inspiration from that.
Eleanor: I expect to see the sector continue to become more diverse, recognising the talents of practitioners with different areas of expertise. There seems likely to be a move towards a wider range of services on offer, to include more emphasis on online services. The sector will need to continue to adapt to the needs of customers.
How has remote working impacted the probate and estate management process and/or client service over the course of the pandemic?
Carrie: Client service has inevitably been impacted by remote working due to such huge change being imposed over night, without any opportunity for operational change management processes and integration. The impact in the service chain, in terms of the difficulties both the probate registry and the land registry have had in adjusting, have created further delays with knock-on impacts that unfortunately sometimes result in unhappy clients.
“Client service has inevitably been impacted by remote working due to such huge change being imposed over night”
Eleanor: The main change I have seen is the move to electronic processes; in particular, use of email or digital solutions in place of letters and paper processes, and the increased use of video calls. Products such as Microsoft Teams and Zoom have been invaluable for keeping in touch with clients and colleagues alike.
What are the most important factors for clients to consider when approaching firms and how can firms position themselves as the first choice within their sector?
Carrie: I would say the most important factor for Clients would be knowing that their final wishes are going to be stored alongside the notes that explain why they have made the choices that they have. Contentious Probate is on the rise and clients should know that their wishes can be defended and that the firm will be their voice for them.
In terms of positioning, it’s important for firms to understand what makes them unique so that they can not only communicate that, but also work to develop their services consistently with their brand message.
Eleanor: Clients are all individuals, and so will all have different priorities. Some will prefer a face-to-face service, and some will want an online solution. For others, the main drivers may be factors such as cost or quality. As well as ensuring that they are providing an exemplary client service, delivered by appropriately qualified, technical experts, firms should be mindful of their target clients’ priorities and how these are changing. Firms need to adapt to ensure they are providing the right range of services, through the channels clients now expect to see.
Contentious Probate is on the rise and clients should know that their wishes can be defended and that the firm will be their voice for them.
Carrie Caladine, Right Legal Group
Carrie, from your perspective as a business founder, what advice would you share with legal sector entrepreneurs?
Carrie: Take time to really understand the industry effect. Whether you’re marketing directly to clients or to other law firms, there is a culture within the legal sector that cannot be ignored, no matter how good the idea is. The culture and expectations of those you will work with will impact how you communicate your services and that should be fully understood before launching any new venture, product or service.
Also – the quality of your business is directly linked to the quality of your people. Hire the best people and look after them well!
Having transitioned from the hospitality and charity sectors, what do you think uniquely sets the legal sector apart?
Carrie: The responsibility that you have to your clients is like no other industry and it’s humbling and rewarding in equal measure. It’s a truly great industry that has the ability to really help people and change their lives.