The Chartered Institute of Legal Executives (CILEx) have had an order approved by the House of Commons — allowing members to deliver probate services without the need to be supervised by a qualified solicitor.
Justice Minister, Shailesh Vara received a draft order earlier this year, which was expected to be granted approval before the Ministry of Justice summer recess starting in August.
Mr Vara had intentions to move the draft under the Legal Services Act 2007 as soon as possible. He said, if granted, the order would allow CILEx members to provide probate services without supervision. Furthermore, once regulations are set in place, members could be given the opportunity to eventually establish their own practices.
The 2007 Act established a new regulatory framework for legal services. Among the Act’s objectives are to put the consumer at the heart of legal services and to deliver a more effective and competitive market.
says Vara.
The Legal Services Board (LSB) were said to be making a swift recommendation to the Lord Chancellor, in order to allow ILEX Professional Standards to produce accompanying regulations.
Andy Slaughter, Shadow Justice Minister, also approves of the order and feels the government had previously hindered the development of regulators, by suddenly putting an end to reviews. Mr Vara however insists the issue is set to be considered again at a later date.
The draft order is due before the House of Lords in October and Mr Vara is anticipating great success if it comes into practice, commenting, CILEx’s expansion will contribute to the growth of the legal services market and will bring further innovation, leading to benefits for consumers of legal services.
In addition, the ICAEW are proposed to be an alternative business structure licencing authority for probate service providers.
Will this encourage advancements in the probate industry? Do these proposed changes raise any concerns for your firm? Share your thoughts in the comments.
