Will and glasses

Update On HMCTS’ New Legacy Notification Service

This month, the Institute of Legacy Management (ILM) and other key professionals from the charity sector attended the first meeting of the HM Courts and Tribunals Service (HMCTS) working group on the new system which will alert charities to donations in Wills – following its announcement that Smee & Ford has been given notice on its contract.

The assembled working group comprised of a cross-section of the ILM’s members plus other stakeholders would be consulted to ensure that they are able to support the process fully and get the best result for everyone.

ILM is determined that any new service meets the needs of its members and that there is continuity while the new arrangements are put in place.

In the professional working group meeting, the ILM asked, in particular, the following at the consultation:

·         The new service provides at least the same level of information as the current service and is provided free of charge to all charities using some of the increased income that will be raised from the Probate Fee increase

·         There is no break in service between the end of the Smee and Ford contract and the start of the new system – this is critical because of the role that Smee and Fords play in forecasting legacy income. These forecasts are used by members to plan their activities. If there is a break in the service, many of our members will have to scale back their operations, for a period at least, because of the uncertainty over income.

·         Any data collected is made available to anyone who can use it, within the constraints of data protection law, so that research groups can use it to understand legacy giving. At the moment, as a private company Smee and Ford are under no obligation to share their data and do so on a very limited basis.

ILM reported back that the consensus of the meeting was very productive and they were able to put across the views and needs of its members, which they have established through their member survey and their own working group. HMCTS also confirmed its commitment to openness throughout the process and will be producing a public record of the meeting.

Following the consultation, the public record of the meeting will be circulated as soon as it is available.

ILM were reassured that HMCTS understood their concerns and were committed to improving the service received by charities, particularly smaller charities who have not always been well served by the existing arrangements. ILM were also reassured that HMCTS understands the multiple roles that the existing service fulfils, and the importance of continuity of service for legacy earning charities.

It was established at the meeting that HMCTS will be considering a range of options, after which there will be a further meeting of the working group.

Ed Owen, Director of Communications at HMCTS, said: “We held a very positive and productive first meeting with representatives of the charity sector on this issue, and we are grateful to them for their insight on key issues.

“It was an invaluable opportunity for us to hear the sector’s views on a range of matters, including the vital importance of legacies in funding charitable work and the need for continuity of service beyond the end of Smee & Ford’s current notice period.

“We were able to reflect that we are working closely with the company through this period and that HMCTS is looking to establish interim arrangements to ensure that charities continue to receive a notification service beyond July while we consider options for the longer term.”

 

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