• March 28, 2024
 Making the Complex Simple

Making the Complex Simple

Genius is making complex ideas simple, not making simple ideas complex.” – Albert Einstein

Making a Will is not always straightforward – it is difficult to future-proof such an enduring document against all the uncertainties of life.

As a technology company that specialises in the private client sector, Arken.legal has dedicated its 30-year history to understanding and addressing key industry pain points and developing solutions that not only solve them but ensure they can be delivered as efficiently and consistently as possible, without sacrificing an inch of quality.

Our legal and technology experts make it their mission to cater for complexity quickly – valuing your time as much as you do. Time is money – you don’t want to be spending it on repetitive tasks such as re-keying data or cutting and pasting within Word templates (and don’t get us started on the risk management side of things!). At the heart of the Arken product suite is estate planning document automation software – Arken Professional. This solution enables drafters to create complex Wills four times faster through its intuitive questionnaire, which auto-populates the document at the side of the screen as the drafter works through each section, with mandatory fields clearly marked.

“What we’ve found is the major issue for practitioners who are yet to make the leap into digital is that they simply don’t trust technology – and especially automation technology – when it comes to complex instructions,”

explains Arken.legal’s Head of Product, Samantha Warner.

“But this is such unfounded reticence. Arken Professional can allow for the most complex of situations, including through highly detailed multi-part Wills. These provide for a certain set of Will clauses to apply in one situation, and another set of clauses if that situation has not come to pass. It will even allow a 3rd contingent scenario to be catered for. The distribution provisions are broken into parts, with the intention that according to the prevailing position at the Testator’s death only one set of provisions will apply. This means that Wills will provide for different scenarios that could be in place when the testator passes away. Substitution clauses can sometimes be used to a similar effect, but these can become messy, overly complicated and repetitive. Multi-part Wills achieve clarity of drafting and allow for ease of administration as it will be clear exactly which provisions are to apply in a particular outcome.”

There are a number of situations where multi-part Wills can be particularly useful:

  • Where a Testator has a disabled child, Part One of the Will could make a bequest for the child’s welfare if living at the Testator’s death, with another differing set of provisions allocating the bequest elsewhere if that child is not then living.
  • In contemplation of marriage: marriage will always revoke a Will unless there is a statement that the Will is made in contemplation of marriage. However, it is possible to ensure the validity of a Will and build in flexibility with a multi-part Will. Part One could specify that it is made in contemplation of marriage and give provisions which are to apply if the marriage goes ahead. Part Two could specify entirely different terms should the marriage not take place.
  • Where it is desired that s.144 Inheritance Tax Act 1984 be relied upon to allow Trustees to rearrange a discretionary trust within two years of death to enable tax efficiencies. Practitioners have expressed anxiety that this section could be repealed as it can greatly reduce tax revenues, so in respect of some estates it could be prudent to allow for one set of provisions to apply in the event that the effect of s.144 is available, and another set of provisions to apply in the event that the section has been withdrawn.

The stated circumstances at death can be far-ranging and can, for example, extend to whether or not, the Testator is divorced, widowed, responsible for a parent, or living abroad. The practitioner must be careful to ensure that the conditional aspect of each part of the multi-part Will is clear and non-conflicting, to the extent that only one part can possibly be effective at any point. It is usual for multi-part Wills to be structured into 2 parts but can be presented in more – Arken Professional allows its users the ability to set up to 3 parts.

Please contactinfo@arken.legal or call 01732 867 792for more information and to arrange a free trial to see how easy it is to incorporate the flexibility of multi-part Wills into your practice.

www.arken.legal

This article was submitted to be published by Arken.legal as part of their advertising agreement with Today’s Wills and Probate. The views expressed in this article are those of the submitter and not those of Today’s Wills and Probate.

Arken.legal

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  Transforming the global estate planning industry through advanced technology Arken.legal provides expert digital solutions for the private client and estate planning industry. Its solutions deliver business efficiencies and consistency across a practice, while enabling client acquisition through an improved customer experience. Built by private client solicitors, Arken.legal products are used by more than 500 firms including Legal practices, Accountancy practices, Will writers and Legal services businesses in the UK, as well as Trust companies in South Africa, Australia and New Zealand. With 29 years' experience and more than 6 million Wills having been created using its products, today Arken.legal is a software as a service business offering secure, cloud-based solutions. The Arken Product Suite Businesses are turning to technology to enable change, increase efficiency and futureproof their incomes to suit upcoming generations and demand. The Arken product suite is designed for just this – to maximise productivity, provide interactivity and lead generation, and manage risk. It can suit any business process – whether instructions are taken virtually, in an office, remotely or via telephone. For increased efficiency, reduced re-keying and a delighted client, book a demonstration today to find out how we can help your practice. Key Services Arken Professional: A comprehensive, up-to-date and secure document generation solution built specifically for the Private Client Sector. Built by lawyers, its industry-leading software has produced over 6 million Wills. Arken Professional is the only software solution specialising in Wills that is accredited by the Institute of Chartered Accountants in England & Wales (ICAEW). All the products on this scheme have satisfied a robust technical evaluation and are from companies that are financially sound and offer strong customer support, giving you that extra peace of mind. Arken Intestacy: The new way to increase leads and grow your business remotely.  A handy customisable tool for your website that demonstrates the circumstances if your prospective client were to die without a Will – they can then fill in their details and ask for you to help protect their estate. Arken Online Wills: A secure, online Will service. Will packs – which include a client’s Will, a Will commentary, and signing instructions – can be sent to the client immediately or reviewed before delivery. Arken Acquire: A digital fact find and lead generation tool. A tool that captures data from your clients, which is then used in the drafting of key estate planning documents. Simply email a link to your client and they can input key information that seamlessly flows into Arken Professional for drafting. Arken Lifetime: Create Inter Vivos Trusts in a fraction of the time. Trust Referencer: Get the latest on tax treatments and specific Trusts. Access the most up-to-date information to generate a personalised report for your clients, outlining the tax treatment that are relevant to both Testamentary and Inter Vivos Trusts. Arken Anywhere: The power of Arken on-the-move. Access an offline version of Arken Professional that will synchronise with your account once you’re back online. Arken API: A seamless transfer of data and reduction of re-keying. Details shared between your case management solution and Arken Professional.       Dave Newick, Chief Executive Officer of Arken.legal, said:
“We work in partnership with our clients to understand their key processes and provide the most efficient digital solutions for their Private Client business. The industry has begun its digitisation journey – it’s time to consider the best route within it for your business. Can you use technology to be more adaptable, more engaged, to provide a better customer experience? Can you use technology to automate low-level tasks, enabling you to focus on what really matters? It’s time to take the digital leap and benefit from the efficiencies it provides.”

          Testimonials Sophie Yates, Director, Fodens Solicitors Limited
“Arken is an absolutely fantastic tool. It is extremely easy to use and has helped our practices in Will drafting to a huge extent. I could not be without it now. I would recommend to any legal specialist looking to invest in Will writing software. Very cost effective too.”
Gemma Garen, Director of Quality and Compliance, Ellisons Solicitors
“We did a careful review of available solutions and chose Arken, as it has a very user-friendly and intuitive user experience, helped us with an improvement in our working practices, introduced time efficiencies and facilitated our ability to standardise our processes and mitigate our risks. The support team at Arken are excellent – very responsive and invested time to understand our needs. We had extensive support before and after going live. Arken is very easy to use, the templates are consistent and we have reliable support.”
Craig Webb, Head of Legal Operations, Brethertons LLP
“…Our staff have found Will drafting in Arken very easy to use and enjoy the questionnaire format which guides them through the process from beginning to end. It is very reassuring to know that our lawyers are all following the same process, producing Wills with a good level of consistency and that all clauses used are up to date. Preparing ‘mirror’ Wills is now particularly easy using Arken, and the systems’ intelligence to amend third person singular pronouns (he, she, his, hers), has eradicated these type of typographical mistakes. We have recently added Arken Acquire to our subscription and are looking forward to the further streamlining of our processes that this service can offer.”
Matthew Field, Director, SMR Solicitors
“We have found Arken to be a valuable tool for our private client team in terms of efficiency and consistency and we would highly recommend it to law firms looking for a professional solution.”
Eric Britt, Executive Consultant, Integrity Wills & Legal Services
"I have been using Arken Will writing software for a number of years, and have found it excellent, and easy to use. The support from the office has been exceptional whenever I have needed it, with a quick response and great patience at times. I would certainly recommend the software and also the company without any hesitation."
Contact Details
Address: Arken.legal (UK) Limited General Wolfe House 83 High Street Westerham Kent TN16 1PG
Tel: +44 (0)1732 867792 Website: www.arken.legal
LinkedIn: arken-legal
Key Contact
Name: Bethany Crease
Tel: (0)1732 867792
Email: bethany.crease@arken.legal
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