British Wills and Probate Awards: Judges’ Insights Jacqueline Emmerson

Wills and Probate Solicitors - Newcastle and Sunderland

Jacqueline Emmerson joined Network Sponsors at this year’s British Wills and Probate Awards for their Judge’s Insights series — weekly interviews with the judges themselves to get their views on the future of the industry and what firms need to do to excel.

Working in wills and probate can be challenging both technically and emotionally, what drew you to this area and what about it do you find most rewarding?

Jacqueline: I hadn’t set out to become involved in wills and probate, but it was one of my seats when I was an articled clerk. Working in two high street firms meant that I had to cover a breadth of areas of law — my generation have always been good all-rounders. Working in this area I found that wills and probate work is methodical, it is a calm area of law compared to litigation and I enjoy being able to spend more time with clients. I love Probate work because it allows me to show compassion especially if I am organising a funeral. I like to celebrate a person’s life and ensure they have a dignified funeral. This was especially so during the pandemic.

What is the greatest industry shift you’ve observed in your career to date?

Jacqueline: In terms of wills and probate work there aren’t really huge industry shifts. However, I would say that the introduction of care home fees has had an impact upon how we plan estates. The obligations upon executors and administrators are now far more onerous than in the past and, therefore, I really do think that solicitors should be involved far more often in order to protect them. The trouble is they don’t know what they don’t know and could end up being financially responsible to the tune of tens of thousands of pounds.

What do you see as the greatest challenge facing the wills and probate industry today?

Jacqueline: Our greatest challenge comes from ill thought-out government policy. Whether this is around care home fees or the re-organisation of government departments, such as the Probate Registry, which just causes delay.

Does Emmersons Solicitors use technology? If so, how is it helping solve firm and client issues?

Jacqueline: We don’t use IT for the drafting of wills as we have our own detailed precedent which we all use. We do use software to run our probate files, which is handy for the computation of the value of an estate.

What barriers need to be overcome to encourage greater integration of technology in the industry?

Jacqueline: I think it is a matter of choice as to whether firms adopt more technology or not. We have heavily invested in back-office IT, which meant we were very agile during the lockdown period and when staff have needed to work at home for various reasons.

Do you feel that the industry is doing enough to protect vulnerable customers, or could we be doing more to improve bereaved customer services?

Jacqueline: I think that solicitors always have the needs of vulnerable clients at the forefront of their minds. However, I am sometimes shocked at the state of play with financial institutions. Some have taken this on board and are helpful and supportive to clients and their families however losing branches and leaving so much to chance online is very worrying as far as undue influence is concerned.

I am also concerned that some of the checks and balances with Lasting Powers of Attorney have now been removed. 

As a firm, we have taken on board the needs of vulnerable clients and I have even organised and delivered presentations to the financial services industry on the needs and risks related to the vulnerable. 

What trend, beyond tech-adoption, are you most excited to see in future?

Jacqueline: I am very excited that people are now taking on board the needs of those living with Dementia. We have come a long way in such a short period of time. It is possible to live a good, but different life, with Dementia for a number of years. Undergoing Dementia Friends training has certainly helped our staff and our clients.

What is the value of mentorship, collaboration and knowledge sharing within the industry?

Jacqueline: It can be quite lonely undertaking probate work, it can be shocking at times. Often a solicitor is the first person to enter a house after a person has died on the premises. You really don’t know what you are going to be facing. It is therefore good to talk to other professionals dealing with this area of law, to share experiences and to feel that you are not alone. We often work in small teams and we rarely meet other solicitors, unlike litigators who are able to chat with one another at court.

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