You have your ICAEW licence authorising you to provide probate services, but what do you do when things take a contentious turn?
ICAEW guidance on probate services came into force last month to provide a clear framework in which to operate. The guidance includes a warning that members acting outside of the framework will face ICAEW disciplinary action.
When providing estate administration services (whether it be as executor or acting for the executor) and undertaking probate related activities which are managed as a process and a fee is involved, the practitioner must be licensed for the reserved service.
The ICAEW confirms that accountancy practices without a licence cannot
- handle the whole probate process
- be pro-active in the process (all activities need to be managed by the executor)
- submit the PA1 (although they can assist with the completion, provided that the executor is in complete control of it)
- sign or submit the IHT400 or IHT205, unless they have express authority from the executor who must have seen it prior to submission (they can fill it in and calculate the numbers)
- assemble the documentation for submission
- draft the oath
- swear the oath (unless as an unpaid executor).
In comparison, an accountancy practice with a licence or authorisation can carry out all of these activities mostly without restriction. One major limitation however is that they cannot carry out contentious probate matters.
When probate becomes contentious it is important to seek advice from an ACTAPS registered specialist who is experienced in dealing with the complex area of contentious trust and probate. Not seeking professional advice could lead practitioners open to professional negligence claims.
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.
Related insights
Employment Rights Act 2025: Lessons learnt and what’s next
Join Employment Lawyers Louise Attrup and Michael Kerrigan for an interactive presentation and roundtable discussion exploring the key elements of the Employment Rights Act 2025 that employers need to know…
Read morePutting clients first: Debenhams Ottaway recognised in Chambers High Net Worth Guide 2026
Trusted legal advisers to wealthy clients, praised for personal service, strong relationships and clear advice. Clients and professional advisers have once again recognised Debenhams Ottaway in the Chambers High Net…
Read moreSupreme Court clarifies directors’ duties: good intentions are not enough
The Supreme Court’s recent decision in Saxon Woods Investments Ltd v Costa provides an important reminder that directors cannot justify improper conduct simply by saying they believed they were acting…
Read moreSupporting families and the Radlett community this Summer
Debenhams Ottaway is proud to be supporting two community events in Radlett this summer, helping local families enjoy free activities during the school holidays. We are sponsoring Films in the…
Read moreEmployment Rights Act 2025: key changes employers should prepare for
The Employment Rights Act 2025 is one of the biggest changes to UK employment law in a generation. Some changes are already in force, with further reforms being introduced throughout…
Read more