Same team, same service, new style

Professional Law Services Ltd (Pro-law) are delighted to announce that today, 1 April 2025, we have begun a new phase of our business. From now on, we will be providing our legal services as part of Nexa Law Limited (Nexa), a national firm of solicitors, regulated by the Solicitors Regulation Authority (number 633025).

This means that, as part of a large practice –

• we will ourselves be able to offer a wider range of legal services than we previously could; and
• we will be able to refer clients that need legal advice and help that we are not equipped to provide to people within the Nexa network that do have those specialisms – there are more than 150 of them!

Ian Mason becomes a Consultant Solicitor with Nexa, and continues to be assisted by Koren Pitcher and Samantha Hirons. As a reflection of that, we will be adding a new trading name, “Pro-law Consultancy”, which is the name you will see outside our office.

Speaking of which, we have at the same time moved to a different Unit in Bude Business Centre: Unit 19, immediately to the left on the ground floor through both sets of double doors. This should hopefully make the office easier to find, but also avoid clients with limited mobility having to struggle up the stairs.

Our association with Nexa will provide our clients with all the advantages, and heightened regulatory protections, of being served by a solicitors’ practice – including the facility of a Client Account for transactional work, which we have not been able to offer up to now, and direct access to various government business portals.

But we’re the same people, with the same professional approach: keen to continue providing the same client-friendly service to you in the future.

– The Pro-law Team (Ian, Koren and Samantha)

Consequences of Dying Intestate

If you are to pass away without having a valid Will in place, it means that you die “intestate”. Without having a valid Will in place, your estate will be distributed according to the Law of Intestacy.

English Law of Intestacy: Without a Will, your estate will be distributed according to the rules of intestacy which of course depends on where you live. This blog focuses on the English Law. The Law of Intestacy prioritise close family members. There is a very handy tool on the government website Intestacy – who inherits if someone dies without a will? – GOV.UK

The Law may not reflect your personal wishes, i.e. if you wanted to leave any of your assets to friends, charities or others.

Disputes with family members: Dying intestate can lead to confusion and disagreements amongst family members over how assets should be distributed. Without clear instructions written within a Will, family members may argue over who should inherit, causing friction between the family or legal battles which in turn may delay the distribution of your estate and incur substantial legal fees.

Exclusion of certain people: Individuals who are important to you but aren’t close family members may be excluded from inheriting. Please note, that an unmarried partner is not automatically entitled to inherit anything, regardless of how long you have been together.

Delays in administrating: The probate process can become much more complex and time-consuming. A court-appointed administrator (usually a family member or close relative) must be appointed in order to manage your estate. This can take longer than if you had a Will in place and it may require the administrator to seek approval from the Court of certain actions, causing more delays and fees.

If the estate is complex, or there is a dispute among family members, the costs for the administrator to manage the estate may rise in turn reducing the overall value of your estate. In this case, probate might involve more steps and require more legal advice.

No Guardianship clauses: If you have minor children and die intestate, there will be no legally designated guardian – if both parents are deceased. The Courts will appoint a guardian which may not be someone you would have initially chosen. This can be a stressful and uncertain process for your children and family.

Loss of Control Over Your Legacy: A Will allows you to leave specific instructions about your possessions, estate, and personal belongings. Without a will, your belongings might be sold off or divided in a way that doesn’t reflect your intentions. For example, family heirlooms, personal treasures, or certain financial assets might not go to the people you would have wanted.

Estate Administration by Strangers: If no family member or close relative is willing or able to manage the estate, a professional administrator may be appointed to handle your affairs. While they are legally bound to act in your best interests, they may not have the personal knowledge or respect for your wishes that a family member or trusted friend might have.

If you would like to discuss creating a Will please do get in touch with us here at Pro-law. We offer a first initial meeting of up to one hour free of charge, here we can discuss your wishes further.

Day in the life: Legal Assistant and Secretary

The role of a legal secretary means being able to work in an often fast-paced, structured and detail-orientated manner. Within my role, I am the go-to for administrative tasks, but I have also taken on my own fee earning work as a develop my career.

Like most office workers now, my days are split between working in the office and working at home. I have drafted this blog based on a full day in the office. I arrive shortly before 9am so I have time to get set up for the day.  

Administrative Focus

I kickstart the day by reviewing my emails, whether it’s from clients or colleagues. I take note of urgent matters or matters that need discussion so they can be highlighted in our team meeting, which typically take place early on in the day. As a small team, we like to stay up to date with what each person is up to and it gives me an opportunity to take things off their plates.

I then focus on organising the day. I check what client appointments are taking place and review any documents that need to be prepped beforehand. Today we had 2 clients coming in to the sign their Wills, so they needed to be printed, and the invoice needed to be drafted.

I check the post-box to see what has been delivered, and scan on the letters to the correct file and pass the original on to the appropriate staff member if necessary. Occasionally I will be asked to action the letter depending on the matter.

Koren, our paralegal, and I share the work phone as necessary. This involves taking and making client calls, responding to any voicemails left from the previous evening, and make a note of any conversations had.

As it is nearing the end of the month, I run off a work-in-progress report so Ian and Koren can let me know which clients need to be invoiced. Once approved, I create the invoice and send it out via email or post.

Client Focus

I have recently taken the lead in managing Lasting Power of Attorney clients. I have been completing these legal documents, with the oversight of Koren, for some time now, but it has reached the stage where I have acquired enough knowledge to take the matter on from start to finish. This is a massive step in my legal career and professional confidence. Today I have 4 separate LPAs to draft and then send off to the respective client for review.

Furthermore, I carry out research and complete various other legal document preparation in the background. So today I also completed draft county court forms in relation to claim for possession of a property and drafted a tricky Statement of Reason to accompany a Will.

Finally, I have been tasked with scanning a lot of historical documents for a client (a couple of boxes worth). This can seem like a repetitive task, so I like to do it in short bursts, particularly as there is little time pressure.

Social Media

A few months after starting at Pro-law I took on the role of social media coordinator. This involves planning, designing and scheduling posts to go out on our Facebook and Instagram. This is typically something I do when I have some downtime, which tends to fall on a Wednesday. This task does add a touch of creativity to my working week.

Moreover, Koren and I quite like drafting blogs for our clients or potential clients, which gives them an insight into the services we offer. All of which I proofread and add to the website.

Finally

At the end of the day, I update my outstanding matters document that I share with my senior, Koren, so we can stay up to date with what has been done and what needs doing.

While it can be a routine job in some respects, it requires high levels of organisation, management, and legal knowledge (to name a few).

What happens if you don’t have an LPA in place?

A Lasting Power of Attorney allows you to have control over who you trust to make decisions on your behalf when you’re no longer able to, whether temporarily or permanently. It provides peace of mind, reduces the stress on your loved ones, and ensures that your wishes are respected.

Here are some of the issues that may arise from not putting one in place.

No automatic legal authority: If you are incapacitated, without an LPA in place no one automatically has the legal right in order to manage your affairs. This includes close family members, friends, and others, even if they have been doing this prior to losing mental capacity.

Court intervention: If mental capacity is lost and an LPA is not put in place prior, your family or loved ones may need to apply for a deputyship order through the Court of Protection. This is a time consuming, costly, and emotional process.

Delays with financial management: Without an LPA, there may be delays in handling important financial, or even legal matters. Without an LPA in place, it’s not simple for your family members/loved ones to access your bank accounts, whether this is to pay bills, manage investments, or dealing with any other financial or tax matters.

Healthcare decisions: Without an LPA, decisions regarding your medical treatment and care could fall to doctors, other family members or the courts which may lead to disagreements or confusion about what you would want. Having an LPA allows you to appoint a trusted person and discuss with them your wishes and preferences so that they can be honoured if you lose mental capacity.

Risk of disputes: If clear guidance of an LPA is not in place, family members or loved ones may have different ideas of what is in your best interests, potentially leading to disputes or misunderstandings.

No longer having control: An LPA allows you to choose who will make decisions on your behalf when you are no longer able to do so. Without one in place, you lose this opportunity for control and someone else, possibly even someone who you would not have chosen, might be appointed to make decisions before you.

If you haven’t set up an LPA yet, it’s wise to consider doing so as soon as possible, while you still have mental capacity to make the decision. Here at Pro-law, we can help you with this process from start to finish, ensuring the document is completed correctly.

What is Probate and How Does it Work: Frequently Asked Questions

When someone passes away, there’s often a great deal of paperwork and legal processes that need to be handled. One of the key processes that come into play is probate. But what exactly is probate, and how does it work?

What is Probate (in short)?

Probate is the legal process that must take place for a deceased person’s estate to be administered and distributed, which will be done by the named Executor within the Will, assuming they had one. The Will would need to be in its original form and be verified as valid. Assets need to be identified and totalled, and any debts or Inheritance Tax would need to be paid before Probate can officially be applied for and granted. Once Probate has been granted, the Executors will be in charge of distributing the assets to beneficiaries as instructed within the Will.

How Long Does Probate Take?

The length of the probate process can vary widely depending on the size and complexity of the estate, how long it takes to gather information/assets, and whether there are any disputes among family or beneficiaries. Generally, probate can take anywhere from several months to over a year.

In simple cases, where there’s a clear will, a small estate, and no legal disputes, probate may be completed more quickly. However, larger estates or those involving contested wills, complex assets, or legal challenges can take much longer.

Regardless, when the final Probate application is sent off, the average wait time for a grant is 16 weeks, although it has been known for some people to wait over a year for probate to be granted.

Is Probate Always Needed?

Probate is not always needed! Typically, small estates under £5,000 (with no property) will not need a Grant of Probate, although the bank may request proof of Executorship through the original Will. All banks will have different policies on when they are allowed to release funds with no grant, so it is always worth checking.   

What If the Deceased Did Not Leave a Will?

If the deceased did not have a Will, then Letters of Administration will need to be applied for rather than a Grant of Probate.

Not everyone is entitled to apply to be an administrator; there is an order of priority that needs to be followed: Spouse or civil partner, children (including adopted, but not stepchildren), grandchildren (if no surviving children), parents, brothers and sisters (including half-brothers and sisters), nieces and nephews (if no surviving siblings), grandparents, uncles and aunts, and then finally cousins (if no surviving uncles or aunts).

The appointed administrator will need to carry out a similar process to a Grant of Probate, including identifying and valuing assets, paying off any debts and Inheritance Tax, and completing the appropriate forms.

When it reaches the point of distribution, as there are no terms of the Will to follow, the Estate will need to be distributed under the Rules of Intestacy. This means assets will be allocated to closest surviving members in a strict order. If there is a spouse or civil partner as well as children, then the spouse will receive everything up to £270,000, and half of the remainder of the estate. The remaining half would be divided equally among the surviving children. If there is no spouse, then the list of priority proceeds the same as it would for entitlement to be an administrator.

What Can Pro-law Do to Help?

Some people feel more comfortable seeking legal advice rather than undertaking the process themselves, whether that be on a smaller scale or asking a firm to take over the process completely.

At Pro-law, we are a professional legal consultancy and are able to guide Executors (or Administrators) through the process of submitting their own personal applications, or we are now able to take on the role of submitting applications for you. We can work with your preferences to ensure you’re comfortable with the process.

Planning for the future – At What Age Should I Make a Will or LPA?

As long as you’re over the age of 18 years old, then there is no set age requirement to put a Will or Lasting Power Attorney (LPA) in place, but the earlier you do, the better prepared you will be for the unexpected. Planning for your future is an essential part of life, yet many delay making a Will or LPA until advancing years. It is important to understand that both Wills and LPAs are not just for the elderly or those with high value assets.

Wills and LPAs are vital tools for protection of your assets and ensuring your personal wishes are followed. By ensuring that you plan ahead, it enables you to provide security for not only yourself, but your loved ones too regardless of what the future holds.

Wills

Once you reach adulthood, it is a wise time to consider making a Will especially if you have assets or dependants, this ensures that wishes are respected and in turn can help prevent potential disputes among family members. As you accumulate more assets and your family grows, having a Will becomes even more important.

Wills can be updated as you go through the different stages of life, and it is important to keep reviewing them at least every 5 years.

Lasting Power of Attorney

Setting up an LPA early can help provide peace of mind for yourself or your loved ones. Accidents or illnesses can occur at any age and having that LPA in place ensures that someone you trust can make decisions for you. An LPA (and a Will) should be set up whilst you have the mental capacity to do so. Waiting until health issues arise can complicate the process, incur more fees and will require court intervention by way of a deputyship order.

Regularly reviewing and updating both of these documents as your life changes will ensure they remain relevant and effective.

At Pro-law, we can help you in drafting your Will or setting up your Lasting Power of Attorney. We ensure the documents are completed correctly so you don’t need to worry!

The Personal Touch – Why people choose Personal Executors in their Wills.

When drafting a Will, one of the most crucial decisions individuals may face is choosing an Executor. An Executor is the person whose responsibility it is to manage the Estate and ensuring that the assets are distributed according to the Will.

Some may choose to use a professional entity, like a law firm, to fulfil this role. However, many decide to use a personal Executor, often a trusted family member or friend.

In this blog we will explore the reasoning behind why choosing a personal Executor is sometimes preferred.

Trust and familiarity
By choosing a personal Executor it allows you to entrust your affairs to someone you know and have trust in. Family members or close friends are often chosen as they are familiar with the deceased’s wishes, values and preferences. This can give peace of mind knowing that the Executor will act in the best interests of the estate and its beneficiaries.

Understanding of personal preferences
Personal executors are often familiar to the intricacies of the deceased’s life. This deeper knowledge can help when making decisions about the distribution of assets, or even if sensitive matters arise within the family. Executors who understand the wishes on a personal level are then equipped to ensure that those wishes are carried out.

Emotional support
At an already emotional time for family members, having a personal executor, such as a friend, can provide emotional support and guidance throughout the probate process. They will no doubt understand the family dynamics and can offer compassion; helping to alleviate the stress and burden with administering the estate.

Cost considerations
Whilst professional entities like law firms acting as Executors can give the expertise and impartiality that a personal Executor can’t, there are fees to pay. By choosing a personal executor it may be a cost-effective alternative, especially for straight forward cases, reducing the financial burden on the estate.

In conclusion, whilst there are certainly advantages to appointing professional entities as Executors, such as their expertise and knowledge and their accountability, you can see from the reasons above why some individuals choose the personal route.

The Digital Workplace: The pros and cons from a client’s perspective!

In today’s evolving business, you will have felt there is a shift towards more digital working. Technology has changed the way we work, offering flexibility, efficiency, and connectivity. However, there are both pros and cons to this change.

In this blog we will explore the advantages and disadvantages of digital working from a client’s perspective.

Advantages

Accessibility and convenience
Digital working takes away the geographical barriers, meaning that clients can access services and interact with businesses from anywhere in the world. Submitting documents, scheduling appointments, or communicating with professionals; clients can enjoy the convenience and accessibility through digital platforms.

Efficiency and speed
By using digital tools and automation, it enables businesses to streamline processes, in turn accelerating turnaround times, creating a faster and more efficient service to clients. Some tasks that once required a few days (or event weeks!) can now be completed in a matter of hours, enhancing overall productivity and client satisfaction.

Enhanced communication
Digital working enables us to work with various channels such as email, video conferencing and project management platforms. File-sharing capabilities can help with any swift decision making which otherwise would take days or even weeks with exchanging of letters.

Cost savings
Digital working enables the costs associated with large office spaces and travel expenses, to become lower, meaning savings for both businesses and clients.

Disadvantages

Security concerns
Clients may be apprehensive about sharing sensitive information online. Ensuring that there are robust security measures and compliance standards is essential to help with those client concerns and build trust with them.

Technology limitations
Not all clients have access to technology leading to accessibility issues. Therefore, it is important that businesses work to accommodate clients with their varying needs. At Pro-law we are willing to work at no extra charge to the best way to suit our clients whether that digitally, in person or via paper.

Reduced personal interaction
Whilst digital communication gives convenience and efficiency it does lack that personal touch of seeing someone face to face. Some clients prefer traditional methods and feel alienated or disconnected where a purely digital environment is used. This is why it is important to work to the clients needs.

Technical challenges
Unfortunately digital working does come with its technical glitches, system outages or software failures, although this is rare. Whilst it may be frustrating for businesses and clients, it is important that clients are kept up to date if there are any technical issues that will impact the service they receive.

At Pro-law we are moving towards a more digital way of working, however we understand this does not work for all of our clients. If you would rather stick to traditional methods then we are more than happy to do this, at no extra cost.

Reasons To Use A Paralegal

Paralegal vs Solicitor

When you are in a legal predicament your first instinct may be to call a Solicitor – Am I right? Well, this is not always necessary, and it may be easier for you to contact a Paralegal first.

What can a Paralegal do?

Paralegals cannot undertake all the same work as a Solicitor due to the fact they are restricted to “unreserved” legal services. However, this still leaves a lot of other legal services they are qualified to carry out, such as:

• Will writing;
• Lasting Power of Attorney drafting;
• Legal advice on employment law;
• Providing (most) legal assistance to both individuals and businesses;
• Document writing and preparation (up to a certain point i.e., if the matter reaches court level); and
• Acting as McKenzie friend, meaning they can accompany you to court if you are representing yourself, providing you with advice and support (but not to represent you).

As you can see, Paralegals can carry out many of the same services a Solicitor can.

Are they qualified?

There are many ways to be classed as a Paralegal. They do not need to be legally qualified, but they do have to be experienced and knowledgeable within a firm. This means they may be limited in the work they are willing to carry out for you due to the fact they may only be experienced in certain services.

There are other routes for professionals to obtain the level of experience needed to be classed as a Paralegal (including practical experience). For example:

• A Law Degree;
• Postgraduate Paralegal Diploma;
• NALP Paralegal practice award, diploma, or certificate; or
• Legal Secretary Certificate i.e., from the Institute of Legal Secretaries and PAs

At Pro-law, all are staff are qualified. Ian Mason has practiced as a Solicitor for over 40 years, Koren Pitcher has completed the NALP course, and Samantha Hirons has completed the ILSPA course. We strive to stay on top of training, attend regular webinars to boost our knowledge and keep up to date with changes within the law.

Why use a Paralegal?

You may wonder why you should use a Paralegal over a Solicitor. Well, the main reason is pricing! It is well known that using a Solicitor can be expensive. The average hourly rate of a Solicitor is over £200, more senior Solicitors may charge up to £500. This is a high cost, primarily due to the sheer cost of their professional indemnity insurance. However, at Pro-law, as we are purely a professional paralegal practice, the maximum rate from the most senior staff member, Ian, is £135/hr, due to his lengthy experience as a Solicitor. Koren, as a trained paralegal, has a maximum hourly rate of £75/hr, which is reflective of the national averages. Samantha, having completed the ILSPA course and taken on client work, has a maximum hourly rate of £55/hr. With legal aid being scrapped in 2016, and the current financial climate, being able to access a Paralegal over a Solicitor is beneficial and cost effective for many.

Paralegals are often referred to as the glue that holds law firms together. They not only have their own clients, but also assist with the workloads of senior members of staff, and often carry out admin roles within the firm.

Contact us

If you are unsure whether a Paralegal would be able to carry out work for you, then just ask! At Pro-law, we are an experienced Paralegal firm and would be happy to answer any questions you may have. If we can’t help, we can point you into the direction of a Solicitor that can.

Why is having a Lasting Power of Attorney in place important?

With more advanced medication and treatment plans in place, people are living longer! While we all relish the prospect of living longer, what will happen if we are not healthy enough to enjoy it? And should we lose the mental capacity to make decisions, who will make them for us? This is why having a Lasting Power of Attorney (LPA) in place is more important than ever. You can make sure you have a say while you can and ensure that people you trust are authorised to make important decisions for you if you become unable to. There is the possibility that in your lifetime the LPA won’t be needed, which of course is the ideal outcome. However, there is no predicting what the future may hold, and mental capacity can be lost at any time for any number of reasons.

 

Health and Welfare LPA

There are two different types of LPAs: Health & Welfare and Property & Financial. Health and Welfare covers smaller decisions like how often you’d like a haircut to the big decisions like life sustaining treatment. Without having a Health and Welfare LPA in place, by law, there is very little a family member can do in regards to medical decisions or life sustaining treatment if they disagree with decisions being made by medical professionals. It is a common misconception that just because someone is your spouse or next of kin it allows them to automatically deal with your affairs both medically and financially should you be unable to do so. Without an LPA a family member or close friend would have to apply to the Court of Protection (CoP) to obtain that authority, which can be a stressful process, especially if the medical staff and/or the family are disagreeing about treatment plans that are time sensitive. Not only is the application a stressful experience, but it is a lengthy and costly process, and they are not always successful.

Having an LPA in place would avoid the unnecessary stress and upset that could be caused, and you can be comforted by the fact your loved ones are doing what you would have wanted.

It’s not just the older generation who should have LPAs in place, but the younger generation too. Cases of young adults suffering capacity issues due to tragic accidents is more common than you may think. It may seem like it’s too early to discuss this, but regardless, it is the only way to express your wishes if you are no longer able no matter what your age.

Most of our clients decide to make an LPA at the same time as making a Will, focusing on full future lifetime planning to protect not only their affairs at their death but also in their lifetime too.

 

Financial LPA

The other type of LPA is called a Financial Affairs LPA. Similarly, to the above, it allows for trusted individuals in your life to make decisions for you, however there is a unique difference between the two. Health and Welfare LPAs only come into effect when the Donor has lost mental capacity, whereas you could choose for a Financial Affairs LPA to come into effect immediately (with your consent) i.e., if you needed to go to hospital for a few weeks.

You may be wondering in what sort of cases a Financial LPA may be needced? Here’s one of many examples; husband (H) and wife (W). H deals with the money in the relationship. The money is in a sole account as W trusts H to deal with all financial affairs within their marriage. H is involved in a road traffic accident causing him to lose mental capacity. This puts W in a difficult situation, as she is unable to automatically access the bank accounts H used, therefore the mortgage and bills cannot be paid. W now must pay over £400 for an application to the Court of Protection for a judge to allow W to have access to H’s bank accounts under a deputyship order.  If there was a Property and Financial LPA in place appointing W as attorney this situation could have been avoided and dealt with much quicker and with less stress and cost involved!

Under a Property and Financial Affairs LPA, you can appoint an attorney(s) to support you or make decisions about things such as money, tax and bills, bank and building society accounts, property and investments and pensions and benefits. Your attorney’s will also have the power to use your money to look after your home and buy anything required on a day-to-day basis, i.e., food. If you normally give gifts to friends, family members or acquaintances on birthdays or anniversaries then your attorney can continue to do so. This includes charitable donations, providing of course the funds are available to do so. It is important to understand that the attorney must keep your finances separate from their own unless of course there is a joint bank account in place.

 

How does the application process work?

You (the “Donor”) are allowed to appoint attorneys, as well as replacement attorneys, to make such decisions on your behalf. This is something to carefully consider as the attorney(s) should be someone you trust whole heartedly to make the right decisions when you are no longer able to do so. Instructions and preferences can be included if you have a particular way that you would like things to be done, but others leave it fully up to their attorneys hence the need for using someone you trust. It is important to note that listing off a lot of instructions and preferences may not work in your favour, as the Office of the Public Guardian (OPG), who are in charge of registering the LPA, may take this is a lack of trust in your attorneys. So, think carefully about what you choose to include.

It is important to note that both LPAs need to be applied for separately. You can appoint different attorneys for each one if you would like. You aren’t required to apply for both, although we would recommend it.

Looking at an LPA application can seem daunting, and if you don’t feel comfortable carrying out the process yourself, we offer a LPA writing service. However, if you feel confident to complete the forms by yourself then we can simply check over the documents before sending them. It is important they are executed correctly to avoid the time and cost of having to resubmit an application. Don’t delay!