Latest news with #NickHopkins
Business Mayor
26-05-2025
- Politics
- Business Mayor
In depth: Law Society private client conference
One topic dominated this year's private client conference at Chancery Lane – the Law Commission's long-awaited report on wills reform, which was published a few days earlier. The report has been long in the making, as law commissioner Professor Nick Hopkins (pictured) explained during the day's final session. The commission was asked in 2015 to do a scoping report. Following a consultation, the government asked it to pause work and concentrate on weddings. Wills was picked up again post-Covid with a supplementary consultation paper in 2023. 'At the risk of making virtue out of vice, that pause has ultimately been beneficial because attitudes to electronic wills and marriage revoking a will changed in that period of time,' Hopkins said. The commissioner talked through some of the report's key recommendations. Electronic wills should be permitted. The rule that marriage revokes a will should be abolished. The age for making a will should be lowered from 18 to 16. Only the Mental Capacity Act test should apply to the question of testamentary capacity. The courts should be allowed to deem a will valid where the formality requirements have not been fully met but the deceased's intentions are clear. The commission's draft Wills Bill repeals the 1837 act. Most private client practitioners agree that the 1837 act should be replaced with new legislation. However, Stephen Lawson, chair of the Law Society's wills and equity committee, predicted many more court battles if, per the commission's recommendations, judges are empowered to infer undue influence. 'It is one of the most common allegations clients make but one of the most difficult to prove,' he told the conference. On marriage no longer revoking a will, 'you have got to consider the role of cohabitees', Lawson noted. The conference covered other important ground. With probate and estate administration generating the third-highest volume of reports to the Solicitors Regulation Authority, and some of the largest and most frequent payments from the compensation fund, the regulator shared examples of best and poor practice during its most recent thematic review. 'We're not just called on to be advisers about the law anymore. There is a huge element of counselling, ethics and morality that pervades the decisions our clients want to make. They do not care about the legals' James Lister, Stevens & Bolton Shortcomings in law firm communications were a big driver of client dissatisfaction, SRA regulatory managers Mel Lothbrok and Siobhan Fennell said. The regulator was surprised to find significant variations in written information given to clients about the estate administration process, given that many people will know little about it. Some firms were providing written information too late in the day, while some regularly exceeded cost estimates without warning clients. Lothbrok and Fennell said clients should receive the best possible information at the outset and firms should have efficient processes for managing costs, with clients being updated right through to the end of the retainer. The regulator is also concerned about compliance with accounts rules. The conference heard that one firm obtained a qualified accountant's report but failed to submit it to the SRA. Another firm did not obtain one for several years. A tip for firms: consider asking your accountant for feedback on the strength of your financial controls to address issues and prevent problems down the line. Read More Confiscation hearing for jailed solicitor adjourned The conference also covered key changes to personal taxation, the complexities of farming families, understanding the Official Solicitor's role in Court of Protection applications, mental capacity assessments and revoking deputyships, and AI. The key takeaway from a session on 'advising modern families' was undoubtedly the fact that in surrogacy, the mother or father are not the legal parents of their child in the jurisdiction of England and Wales if they do not have a parental order. Gender has become another important consideration, the conference heard. James Lister, head of private wealth disputes at Stevens & Bolton, said solicitors are used to drafting and advising on will documents that define beneficiaries by reference to their gender. But 'when you're using protected characteristics to define your beneficiaries, you trespass into dangerous territory'. Lister added: 'We're not just called on to be advisers about the law anymore. There is a huge element of counselling, ethics and morality that pervades the decisions our clients want to make. They do not care about the legals.' If clients are tied to a set of values they do not ascribe to, 'we're creating a large set of problems'. Electronic wills may not arrive soon – the government's full response is expected within 12 months – but as the conference showed, private client specialists have plenty of other issues to focus on in the meantime.
Business Mayor
18-05-2025
- Politics
- Business Mayor
Allow electronic wills, Law Commission tells government
Make electronic wills valid, empower courts to infer undue influence and abolish the rule that marriage revokes a will, the Law Commission has today told the government. With the law governing wills dating back to the Victorian era and no comprehensive review for nearly 200 years, the commission said its recommendations will clarify the law and ensure it is 'fit for purpose in the modern age'. 'Most people will live longer than their ancestors did, and as a consequence, more people will suffer from ill health and a decline in their mental capacity,' the commission said. 'The property the average person owns may be more valuable than it was in the past. Not so long ago, documents would have been in paper form only, but documents in electronic form are now far more prevalent.' Recommending provision be made in the law for electronic wills, the commission said the pandemic highlighted the advantage of being able to witness wills remotely and provision for electronic wills is in place internationally. However, a 'reliable system' would be required to distinguish an electronic will from any copies and protect against alteration or destruction. The commission said it is too difficult to challenge a will on the basis of undue influence. To better protect vulnerable testators, courts should be able to infer undue influence 'where there is evidence which provides reasonable grounds to suspect it'. The current law automatically revokes a will if a person with a will marries or enters a civil partnership. Consultation respondents told the commission that most people are unaware of this. The commission was also concerned that the rule could be exploited for the purpose of a 'predatory marriage'. The commission recommends abolishing the rule. Read More Judge attack litigant given extra five months for contempt Other proposals include lowering the age at which a person can make a will from 18 to 16. Law commissioner Professor Nick Hopkins said the recommendations will 'modernise wills law to promote testamentary freedom, bringing with them greater certainty, clarity and fairness'. The report and a draft bill have been laid before parliament.
Daily Record
11-05-2025
- Business
- Daily Record
Foodbank chief appeals for help and claims Labour government failing to tackle poverty
The foodbank in Glasgow fears closure as more people struggle with the rising cost of living. A foodbank chief who fears running out of funding believes the current Labour government is doing nothing to help people out of poverty. Nick Hopkins, chairman at Glasgow South West Foodbank, said the cost of living crisis is forcing more people to use his service yet donations are running out. The former Labour member said he doesn't believe Keir Starmer's government will be able to turn the tide on poverty. Hopkins said: 'My honest view is that it will be the next Labour government after this one that makes a full frontal assault on poverty because I'm not sure it's happening from this government at all.' Labour suffered a gruelling result in the recent local elections in England, losing out in most cases to Nigel Farage's Reform party with an overall loss of 188 seats. Hopkins said organisations like his are struggling in the current climate as more people turn to them for help. He said: 'People are really already stretched and then something will happen in just one month - they'll get a bill that's that bit bigger or benefits will stop or be reduced. 'That's all it takes to push people into needing us. Budgets are being stretched tight and then suddenly snap. 'This financial year we're expecting it to be busier than last, there is no doubt about that. There's been a slow and steady increase since the pandemic.' The Glasgow South West foodbank provides almost 6,000 meals a month to local residents with the equivalent of just 2.2 full time employees. While the number of visitors are rising, donations are falling. Nick said there was a real chance the foodbank could have to close due to a lack of funding and donations and is now appealing for help. He said: 'We have funding proposals submitted but there is no guarantee they'll be accepted. If they don't come through, all options will be on the table and difficult decisions will have to be made. 'We will always take donations of food, but it would be fantastic to get donations of cash. 'If we could bring in even £10,000 to £15,000 that would be a massive help and it would get us to the point we had hoped to be at the end of the last financial year. 'Around 70 per cent of what we hand out comes in as direct donation of food. 'The remainder we buy, and having the money to buy is really important because we can fill in the gaps. 'We buy items like milk, fresh bread, eggs and cheese as those have to be kept fresh and refrigerated so we can't really take donations of them but they're a really important part of the diet.' Hopkins said that while both the Scottish and Westminster governments have implemented policies in an effort to improve poverty levels, an estimated £21 billion would be needed to really turn the tide. He said: 'My sense is that no one is finding £21 billion. 'Even if we have wonderful economic growth, I don't see any government finding that sort of money. 'It is a failure that we're here, that foodbanks are needed. But I'm 52 now, and I fully expect when I'm 65 or 70 for the organisation that I helped to set up still to be here.' For information on how to donate to the Glasgow South West foodbank visit Join the Daily Record WhatsApp community! Get the latest news sent straight to your messages by joining our WhatsApp community today. You'll receive daily updates on breaking news as well as the top headlines across Scotland. No one will be able to see who is signed up and no one can send messages except the Daily Record team. All you have to do is click here if you're on mobile, select 'Join Community' and you're in! If you're on a desktop, simply scan the QR code above with your phone and click 'Join Community'. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don't like our community, you can check out any time you like. To leave our community click on the name at the top of your screen and choose 'exit group'.
