Promoting probate

As a probate practitioner, I read with interest your article 'A Dying Art?' (see [2002] Gazette, 15 March, 20) and would like to comment on two points.

First, you state that probate work is not a rapidly changing area.

I disagree.

The Trustee Act 2000, which came into force on 1 February 2001, has resulted in my firm, along with many others, having to reassess how we deal with trusts and estates, and also to update our will precedents.

Many solicitors are having to succumb to pressure from stockbrokers to hold shareholdings in nominee names.

I am noticing a growing tendency for clients to do their own probate work, which means that my colleagues and I are having to sell the advantages of using a solicitor to administer an estate.

Lastly, there is the potential threat of supermarkets, et al, entering the probate market.

Secondly, I would re-emphasise the point that probate no longer forms a compulsory part of the legal practice course.

This is a strong contributory factor in fewer young solicitors choosing to specialise in probate work.

There is too much emphasis on training commercial lawyers and offering training in such areas as intellectual property law and media law on LPC courses.

More effort should be taken to sell probate work to undergraduates so that, where a probate elective is offered on an LPC course, the take-up is greater.

Stress should be placed on the multi-disciplinary nature of probate work and the chance for extensive client contact.

Unless action is taken now, all the current probate practitioners will soon be dead.

Philip Evans, Graham & Rosen Solicitors, Hull