ICAS wants members to compete with solicitors
10 Jul 06
Accountancy body pressuring the Executive for changes to legislation
The Institute of Chartered Accountants in Scotland (ICAS) has applied for the authority to allow its members in England and Wales to provide full probate services.
ICAS is hoping this will spur the Scottish Executive into giving its Scottish members the same right to compete with solicitors.
Statutory instruments introduced more than a year ago have been implemented in England and Wales and allow financial institutions and members of organisations authorised by the Secretary of State for Constitutional Affairs to carry out a key part of winding up an estate, providing the papers for probate, for a fee.
The move had followed recommendations by the Office of Fair Trading.
The Legal Reform (Miscellaneous Provisions) (Scotland) Act 1990 broke the monopoly by solicitors by allowing licensed executry partners, banks and building societies to charge a fee for carrying out an equivalent service - i.e. preparing papers to apply for confirmation of an executor through sheriff courts.
However, it is still an offence for anyone, other than a solicitor, to charge a fee.
ICAS has submitted a proposed amendment to the Legal Profession and Legal Aid (Scotland) Bill currently going through parliament, as there is no specific measure to change the rules in the bill.
Tom McMorrow, ICAS's executive director for regulation and compliance, said the organisation would continue to seek changes to the draft legislation. By seeking to enable its members in England and Wales with the authority to provide full probate services, Mr McMorrow hoped that the Executive would recognise that there was no reason why an amendment could not simply be inserted into the Legal Profession etc Bill.