An application to the Legal Services Board has been made by ILEX seeking approval of proposals by which ILEX may award members the right to provide probate services, which is a reserved legal activity.

The proposal would enable ILEX to authorise its members to perform the grant of probate, an activity currently restricted to solicitors, licensed conveyancers, and some accountants in limited circumstances. If successful, this would mean that ILEX members could set up their own probate practices and provide the same full range of probate services currently provided by solicitors.

Where the application becomes somewhat contentious, however, is that it also wants to permit ILEX to grant probate rights to certain other non-ILEX members who satisfy qualifying criteria – such as will-writers. ILEX have indicated that those applicants would have needed to have passed an exam at honours degree level in probate and succession, show knowledge of equity and trusts and have gained accounts and practice management qualifications.

However, the Law Society have expressed concerns about the potential loss of public protection which they regard as being of “paramount importance” about the proposals.

Further details can be found on the ILEX Professional Standards web site and in the Law Society’s Gazette.