Reader question – What to include in your company’s Wills Register?

In response to a question from a Today’s Wills and Probate reader we’ve asked the experts what important information should be recorded in a company’s Wills Register? There’s the obvious – date written, date removed etc – but what guidance is there on what else to include? And would the content recorded on the register satisfy an insurer?

Ian Bond, Head of Trusts & Estates – Talbots Law and Chair of the Law Society Wills & Equity Committee, said: “When it comes to storing clients’ wills no specific guidance on this area exists as to the information that must be retained. The Law Society’s Wills and Inheritance Quality Scheme Protocol (issued in 2013) offers some guidance at part 16.4 (f) which states firms should “ensure that there is an efficient registration system so that wills can be retrieved when required”.

“This leaves each practice open to interpret this as appropriate. A conversation with your insurer as to what this means may be appropriate. Many wills are registered on the National Will Register provided by Certainty. Searches of this register searches the following information about the client that may appear on a will or your records: client’s name (and previous names and aliases), date of birth, and address (and previous addresses).

“Whilst this represents the minimum information required to be stored so that the will may be located at a later date, many practices may want to store more information about the will itself for future marketing/updating purposes, for example, it could be noted where the firm who wrote the will is appointed as executor, if the will includes appointments of guardians, or if different types of trusts are included. If the law in any of these areas changes then firms can then easily identify clients whose wills may be affected and send an appropriate update. This is, of course, subject to capturing necessary permissions under the forthcoming GDPR.”

Certainty the National Will Register agree that there is no prescriptive list as to what should be included. Certainty holds more than 7.7 million Will registration records in the UK system and are used by thousands of professionals every day.

When a solicitor registers a Will with Certainty they have the further option to denote the following in the Certainty system allowing for quick reference points, red flags and prompts without having to review the Will:

• Any attendance notes detailing key or unusual points
• Changes made in the HM Treasury Budget that potentially affect the clients IHT position
• Changes made in the HM Treasury Budget that potentially affect assets
• Important associated documents that are held at the law firm that are relevant to the deceased
• Note if an LPA has been made
• Executors details
• Date the Will was made
• Date to contact for a review.

Astrid Bowser, Certainty the National Will Register said: “Solicitors do not necessarily need to use all of the above but where applicable it ensures a general overview of the client can be easily obtained and not overlooked because of the cumbersome, possibly impossible, process of monitoring a client’s Will position.

“On the insurance point, insurance brokers TLO, who specialise in PI insurance, said: “Insurers would expect a firm to work within the guidance and rules stated by the relevant regulator and any voluntary accreditation a firm holds. A risk register would form part of the overall risk strategy and, yes should include the heading mentioned. We would also suggest a proposed review date and a list of the executors concerned including medical records and where the documents are stored. It is recommended that risk registers are reviewed on a regular basis to ensure they meet current requirements.”