From the end of 2004 the Government will allow anyone without legal qualifications to undertake probate services. The reason for relaxing the rules was to open up competition and choice. The Department for Constitutional Affairs did say that those people wishing to offer probate services would "be subject to controls".
Our View
There are two sides to this issue. On the positive side, by allowing non-legally qualified people to offer probate services will mean that the market becomes more competitive and prices will start to fall. This can only be of benefit to consumers.
On the other side, probate comes at a time where people are exceptionally vulnerable and open to being mis advised and over charged. If just anyone is allowed to offer probate services without having to prove relevant qualifications, this could lower standards and assist the "cowboys" among us.
We believe that non-lawyers should be able to offer probate services. However, we also believe that at least some degree of qualification is necessary.