Wills and Inheritance Quality Scheme

Wills and Inheritance Quality Scheme Scheme Rules Page 1 of 16

Wills and Inheritance Quality Scheme - Scheme Rules Contents 1. Glossary of Terms... 3 2. The Scheme... 5 3. Eligibility Criteria... 8 4. Cost of Accreditation... 9 5. Requirements and Processes.... 9 6. Obligations under the Scheme Rules...10 7. Enforcement/governance process... 12 8. Duration of accreditation and termination... 14 9. Accreditation and use of WIQS Logo... 15 10. Intellectual Property Rights... 15 11. General Terms of Scheme Membership... 16 Page 2 of 16

1. Glossary of Terms Term Definition Accounts Staff All staff in your accounts department, whether full or part time and whether qualified or not. Accreditation Office The Law Society Office that will deal with WIQS applications. Alternative Business Structure (ABS) An alternative business structure that is licensed by the SRA pursuant to its Practice Framework Rules 2011. Client Service Charter The charter that sets out the client service standards to which Member Practices must adhere and which is published at www.lawsociety.org.uk/accreditation. Chartered Legal Executive Fellow of the Institute of Chartered Legal Executives. Core Practice Management Standards Those standards set out in the document published on the Law Society website at www.lawsociety.org.uk/wiqs. Glossary The glossary contained within these guidance notes. Head of Wills, Probate and Estate Administration (HOD) A person who is the head of Wills, Probate and Estate Administration work conducted at the Practice, with the requisite knowledge and experience. Legal Disciplinary Partnership (LDP) A recognised body within the SRA Practice Framework Rules 2011. Limited Liability Partnership (LLP) A recognised body within the SRA Practice Framework Rules 2011. Non- admitted and Key Support Staff Any person not a Qualified Solicitor or Chartered Legal Executive involved in Wills, Probate and Estate Administration at the Practice including any person involved in financial procedures relating to Wills, Probate and Estate Administration. This may include, but is not limited to, contact with clients, requisitioning and directing of Page 3 of 16

funds or other involvement in financial procedures. Manager A partner in a partnership, a member in an LLP, or a director in a company. Member Practices Practices which have attained membership of The Scheme. Practice A practice authorised and regulated by the SRA, including: any SRA authorised and regulated partnership, company, sole practitioner, limited liability partnership (LLP), legal disciplinary partnership, and alternative business structure which offers services to: (a) draft wills; and (b) obtain a grant of representation and/ or (c) deal with any aspect of estate administration Regulatory matter Any investigation or supervision by a regulator (whether concluded or not) irrespective of its outcome. Relevant person All persons who are managers or Accounts Staff. They are also Qualified Solicitors, Chartered Legal Executives, Non- Admitted trainees or Key Support Staff who work within the Wills, Probate and Estate Administration department. Scheme Rules The document setting out the framework of the Scheme including its objectives, benefits and the eligibility criteria. Senior Responsible Officer (SRO) A senior manager in the Practice or the sole practitioner who will be the nominated responsible person accountable to the Law Society on behalf of the Practice under the Scheme. Sole Practitioner A recognised sole practitioner pursuant to the SRA Practising Regulations 2011 until 31/3/2012 and thereafter the Authorisation Rules 2011. SRA Solicitors Regulation Authority. The Scheme The Law Society s quality standard for Will Drafting, Probate and Estate Administration Practices as set out in the Scheme Rules. Page 4 of 16

Will Drafting, Probate and Estate Administration Will Drafting, Probate and Estate Administration experience Wills Drafting - Preparation of a document to set out the method to be applied in the management and distribution of someone's estate when they die. Probate and Estate Administration - the process of dealing with the affairs of someone who has died in accordance with their Will or Statute. Will drafting, probate and estate administration experience obtained in practice (not necessarily private practice) in England and Wales for a minimum period of three years. Wills and Inheritance Quality Scheme (WIQS) The Law Society s quality standard for will writing, probate and estate administration practices as set out in the Scheme Rules. Wills and Inheritance Protocol The Law Society s guide to best practice in will drafting, probate and estate administration. 2. The Scheme 2.1 Overview The Law Society s Wills and Inheritance Quality Scheme (WIQS) is a new quality standard to enable SRA regulated practices undertaking wills and estate administration to demonstrate their commitment to the highest standards of competence and client service. The foundation of the scheme is the Law Society Protocol, (published at www.lawsociety.org.uk/wiqs) the aim of which is to raise the standards of client care and service by: setting out good practice in will drafting, probate and estate administration improving communication between practices, clients. beneficiaries and stakeholders increasing transparency and understanding of the will drafting, probate and estate administration processes encouraging practices to agree timescales and service levels with clients. Adopting the Protocol will help a practice to: meet legal requirements achieve the SRA s outcomes reduce complaints avoid potential negligence claims improve client service/ client retention/satisfaction Page 5 of 16

2.2 Scheme components The focus and requirements of the Scheme are based on : The integrity and competence of the Senior Responsible Officer, nominated by the firm to oversee the scheme, and of all Relevant Staff Adherence to good practice management and financial and risk procedures through implementation of Core Practice Management Standards Adherence to best practice in will drafting and estate administration through implementation of the guidance set out in the two part Protocol which is mandatory for Scheme members Mandatory training on the Protocol Compliance with assessment process and, where required, ongoing monitoring procedures Client Service Charter Annual reaccreditation 2.3 Scheme principles The WIQS is designed around five key pillars: Probity: Initial application for membership to the Scheme focuses on identity and status checks on Practices and all Relevant Members of Staff. Quality Standards: New Protocol at heart of scheme to introduce consistent practices and procedures. Core Practice Management Standards to ensure effective management. Client Service: Client Service Charter committed to excellence in client/stakeholder service. Scheme Quality Assurance: Robust monitoring and enforcement processes, via initial vetting and scorecard assessment and reviews, with annual reaccreditation and desk-based assessment/physical visits where appropriate. 2.4 Probity Objectives: To remove/reduce risk of fraudulent staff or bogus practices by requiring identity checks of the Practice and of all Relevant Members of Staff; and to minimise the risk of interruption through business failure. Practice identification. The Practice will be required to provide a range of data to enable The Law Society to confirm the identity, status and probity of the Practice including the names of all Relevant Members of Staff; the Practice s history and regulatory and insurance details; financial information; and evidence of adequate practice, financial and risk management procedures. Individual identification verification. Although the quality mark is awarded to the Practice the Scheme application process will require information to confirm the identity and status of all Relevant Members of Staff. Page 6 of 16

Practice business/financial Information. Financial information and bank reference will be required to provide assurance as to the financial standing, business model and effective management of the Practice. 2.5 Core Practice Management Standards ( CPMS) Objective: To ensure a high level of professional practice management and financial controls. Unless a Practice is Lexcel accredited, it will be required to adopt the Core Practice Management Standards set by the Scheme prior to submitting its application. Practices who are Conveyancing Quality Scheme (CQS) accredited should refer to the CPMS Cross Reference table. The Law Society provides a WIQS Toolkit and a voluntary CPMS training course which the SRO or other Relevant Members of Staff are encouraged to take to assist them in the implementation of the WIQS. Staff need to register on the Law Society CPD Centre to access all the WIQS linked training. Register at www.lawsociety.org.uk/cpdcentre 2.6 Client service Objective: to ensure that members of the Scheme provide their clients with a consistent and high quality standard of service. Practices will sign up to the Client Service Charter. Practices will carry out client surveys to ensure they are meeting client expectations. 2.7 Scheme quality assurance Objective: to ensure that Scheme is robustly monitored and enforced to retain the credibility and integrity of the Scheme and Member Practices. Member Practices must: Agree to mandatory training for Relevant Members of Staff. Agree to submit to the WIQS monitoring and enforcement process. Be subject to monitoring as required on a risk-based assessment or following concerns raised with the WIQS Office by clients or stakeholders throughout the year. Advise TLS of leavers and joiners in the Practice and carry out the required initial ID and vetting checks within fourteen (14) days. Report any merger / demerger plans as re-application may be required. Report on any change of business model or status of the Practice / partnership / conversion to LLP within fourteen (14) days. Apply for reaccreditation of membership on an annual basis to retain accreditation. Page 7 of 16

Reaccreditation will require Practices to undertake an application and assessment process. This will focus on assessing the practice's continuing suitability for the scheme. Key data will be required including conduct, complaint and PII claims and notifications information. An element of mandatory training annually may be required. 2.8. Benefits The aim of this Scheme is to produce benefits not only for Member Practices but also for consumers, clients and stakeholders. 2.8.1 Scheme members Demonstrates to consumers the confidence and assurance that the Practice has been evaluated as meeting high standards that will set it apart from the service levels of non-solicitor will writers, Provides expert or specialist practices with a clear point of differentiation against those with infrequent experience, generalists and new market entrants. Increases business development potential through marketing support and the strength of the Law Society brand aligned with the specialist quality mark. 2.8.2 Consumers and stakeholders Provides assurance to key stakeholders, consumers and clients that Member Practices meet the WIQS standards. Provide assurance on the financial probity of a Practice and that it is a well managed business entity. Provides assurance of the competence and probity of all the Relevant Members of Staff who undertake wills, probate and estate administration. Provides service delivery levels based on the Client Charter that aims to improve efficiency with common, consistent standards and service levels that are meaningful to consumers and stakeholders. Improves understanding of the processes of will drafting, probate and estate administration to enable consumers to make a more informed choice of a quality legal service provider. Improves channels of communication with stakeholders to facilitate a faster response to issues of mutual interest and importance as they arise. 3. Eligibility Criteria Any existing Practice or a Sole Practitioner seeking accreditation must be able to prove three years experience of wills and estate administration. If a Solicitor(s) wishes to establish a new Practice specialising in wills, probate and estate administration, and/or a Practice has been in existence for fewer than three years, then the Solicitor operating as the SRO or Head of Private Client where nominated, must evidence a minimum of three years previous experience of wills and estate administration. Page 8 of 16

4. Cost of Accreditation The Practice shall pay the Law Society a fee as set out in the fee schedule. Pricing can be found on our website at: www.lawsociety.org.uk/wiqs-fees. We do not require you to pay when submitting your application. We will contact you to confirm the amount payable once we have checked and start processing your application. Payment can be made by credit or debit card or by bank transfer (BACS). 5. Scheme Requirements and Processes The quality mark will be awarded to a Practice on an annual basis subject to reaccreditation. The Scheme application and vetting process will include the following stages: 5.1 Application process The firm must nominate a SRO who will be accountable to the Law Society. The SRO will be required to complete an initial detailed application on behalf of the Practice and provide any supporting documentation referred to in the application form. The Relevant Members of Staff have to complete their personnel details in the application form. The SRO is required, in relation to each Relevant Member of Staff, to confirm their identity and provide regulatory history for all Qualified Solicitors. In addition the SRO will be required to give a declaration that the SRO has identified, verified, and carried out all necessary ID verification, fraud and criminal records (CRB) checks against all Relevant Members of Staff as required under the Scheme and that any ancillary investigations or necessary enquiries have been carried out as a follow up from the results of those searches. The SRO will also be required to give a declaration (in consideration of the Practice being awarded membership of the WIQS) on behalf of the Practice to ensure that all Relevant Members of Staff within the Practice will comply with certain obligations under the Scheme. 5.2 Application assessment The application will be processed by the Law Society and this will include: Checking all required information has been captured and that the relevant supporting evidence has been supplied with the application form. Contacting the applicant practice where further information is required to support the initial documentation. Verifying the data through third party on-line credit and business reference web information services. Page 9 of 16

Checking the regulatory and compliance information. Evaluating the application form data against the WIQS scorecard to assess whether the Practice meets the standards to join the Scheme. 6. Obligations under the Scheme Rules By signing the declaration in the application form the SRO confirms that the Member Practice will:- 6.1 WIQS standards At all times conduct itself in a manner that supports and promotes the integrity of the WIQS and its brand as a mark of quality in the Wills, Probate and Estate Administration market; Comply with the Wills, Probate and Estate Administration Protocol from the date of accreditation to the Scheme and if not already in place work towards their implementation or any instruction as to the same from the Law Society; Comply with the Client Service Charter from the date of accreditation to the Scheme; Comply with the Core Practice Management Standards from the date of accreditation to the Scheme. 6.2 Compulsory Training The SRO will: Ensure Relevant Persons undertake such mandatory training as may from time to time be required under the Scheme, as appropriate, within such period as may be notified by the Law Society from the date that the Practice is awarded membership of the Scheme; Ensure Relevant Persons undertake such additional training as may subsequently be required under the Scheme; Ensure Relevant Persons who join the Practice undertake such mandatory training as may be specified by the Law Society within 6 months of the date of joining the Practice; Register all necessary Relevant Persons on the Law Society CPD portal so that they can comply with the Scheme related CPD training. Page 10 of 16

6.3 Reporting The SRO will: Report to the Law Society any revocation of Professional Indemnity Insurance cover immediately and no later than 14 days after the event; Report to the Law Society any regulatory investigations/proceedings within 14 days from the date that the Practice became aware that the SRA were investigating. This includes matters that arise whilst the Practice s application is being considered by the Law Society. 6.4 Changes to the Practice The SRO will: Advise the Law Society of any change of contact details for the Practice and/or the SRO; Report to the Law Society any planned merger/demerger/restructure as soon as practicable and in any event before the merger, demerger or re-structure is complete as re-application to the Scheme may be required; Report to the Law Society any change of business model or status as soon as practicable and in any event before the change is complete as re-application to the Scheme may be required. 6.5 Changes to Relevant Persons The SRO will: Advise the Law Society of any Relevant Persons that leave and/or join the Practice within fourteen (14) days from and including the date on which the individual has ended or started their employment with the Practice; Carry out the required initial identification and submit to the Law Society any relevant vetting checks on any new Relevant Persons to the Practice, as quickly as practicable and in any event within a period of fourteen (14) days from the date that the individual started their employment with the Practice; Identify, verify, and carry out all necessary credit and Basic Disclosure checks against Relevant Persons as required by the Law Society for the Scheme. Page 11 of 16

6.6 Administration of the Scheme The SRO will: Co-operate with monitoring/audit/assessment as required on a risk based or random assessment or following concerns raised with the Law Society; Co-operate with any other administration requirements of the Scheme as directed by The Law Society; Read, consider and distribute amongst relevant person updates and other information that may from time to time come from the Law Society and the WIQS team. 6.7 Other The Practice will: Treat as confidential information that is expressly marked as such disclosed to it by the Accreditation Office. 7. Enforcement/ governance process 7.1 Appeals Process All applications for WIQS accreditation, ongoing membership and reaccreditation are assessed by the Law Society s Accreditation Office. Practices/Member Practices may request an appeal against a decision made by the Law Society s Accreditation Office. Decisions that will be considered are limited to; Decisions to reject the application for the WIQS Decisions to defer (pending remedial action) an initial application to the WIQS Decisions to revoke membership of the WIQS Decisions made by the Accreditation Appeal Panel are final. Page 12 of 16

7.1.1 Decisions to reject the application for the WIQS The Practice/Member Practice will be informed in writing of any decision to reject their application and the reasons for that decision. An appeal must be made within 28 days of the date of the written notification from the Accreditation Office. Reasons for the appeal should be detailed and written submissions and relevant documentary evidence should be provided for the consideration of the Accreditation Appeal Panel. All appeals should be accompanied with payment for the appeal fee of 300 ( 250 + VAT) 7.1.2. Decisions to defer (pending remedial action) an initial application to the WIQS The Practice will be informed in writing of any decision to defer the application and the letter from the Accreditation Office will include the details of the remedial actions the applicant must take and the timescale by which these actions must be completed in order to reactivate the application. Any such time scale will not exceed a period of three months. An appeal must be made within 28 days of the date of the written notification from the Accreditation Office. Reasons for the appeal should be detailed and written submissions and relevant documentary evidence should be provided for the consideration of the Accreditation Appeal Panel. All appeals should be accompanied with payment for the appeal fee of 300 ( 250 + VAT) 7.1.3 Decisions to revoke membership of the WIQS The Accreditation Office reserve the right to revoke membership at any time for any reasonable reason. Reasonable reasons shall include (but not be limited to): any breach of the Scheme Rules or any breach by the SRO of any obligations set out in Section 6 of the Scheme Rules which are not remedied (if capable of remedy) within 14 days of being required by written notice to do so; the Member Practice or the SRO do or omit to do something which, in the reasonable opinion of the Law Society, could be detrimental to the reputation and integrity of the WIQS and its brand; the ongoing membership of the Practice poses an unacceptable level of risk to WIQS; the Member Practice no longer meets the minimum standard required by the WIQS risk scorecard; any failure to co-operate with requests for information by the Accreditation Office during the period of membership Page 13 of 16

A Member Practice will be informed in writing of the reasons why the Accreditation Office has effected removal of accredited status. The Accreditation Office will confirm that removal will be effected on a specified date. An appeal must be made within 28 days of the date of the written notification from the Accreditation Office. Reasons for the appeal should be detailed and written submissions and relevant documentary evidence should be provided for the consideration of the Accreditation Appeal Panel. All appeals should be accompanied with payment for the appeal fee of 300 ( 250 + VAT) There are two possible outcomes following referral to the Accreditation Appeal Panel : The Practice/Member Practice will be informed that their appeal has been unsuccessful. The Practice/Member Practice will be informed that their appeal has been successful. There is no right of appeal on a decision by the Accreditation Appeal Panel but the Member Practice may wish to reapply for accreditation if it can provide evidence that it has remedied the behaviour or deficiencies that have put it in breach of its scheme obligations. 7.2 Initiating an appeal To initiate an appeal against a decision made by the Accreditation Appeal Panel, the Practice/Member Practice must write to the Accreditation Office, The Law Society, 113 Chancery Lane, London WC2A 1PL, clearly outlining the reasons for the appeal and including any submissions and relevant documentary evidence. The request for the appeal will be acknowledged within 24 hours. The Practice will then be advised of the date on which the Accreditation Appeal Panel will consider the appeal and the decision 14 days after the date of that meeting. The Accreditation Appeal Panel will consider the written evidence and make a decision based on the submission made by the Practice/Member Practice. In exceptional circumstances, a Practice/Member Practice may be invited to give oral evidence. This is at the discretion of the Accreditation Appeal Panel. 8. Duration of Accreditation and Termination Membership of the Scheme will commence on the date notified by the Law Society and will continue for a period of one year. Thereafter, membership shall be renewed for successive periods of one year, subject to successful re-accreditation. The Law Society reserves the right to terminate membership at any time on reasonable grounds. In such circumstances, the Law Society s only liability to the Practice will be to reimburse it for any sums paid in respect of the membership fee for the current year, Page 14 of 16

adjusted pro-rata if considered appropriate by the Law Society. The Member Practice shall not be entitled to be reimbursed for any sums paid in respect of the application fee. Reasonable grounds shall include (but not be limited to): Any material breach of this Agreement by the Member Practice or any breach by the SRO of its obligations set out in Section 6 of the Scheme Rules which are not remedied (if capable of remedy) within 14 days of being required by written notice to do so; the Member Practice or the SRO do or omit to do something which, in the reasonable opinion of the Law Society, could be detrimental to the reputation and integrity of the WIQS and its brand. The Member Practice shall be entitled to terminate its membership at any time by notifying the Law Society of its intention in writing. In such circumstances, the Member Practice shall not be entitled to be reimbursed for any fees paid by the Member Practice to the Law Society in relation to the Scheme. 9. Accreditation and use of WIQS Logo The Scheme membership permits the Member Practice on accreditation to use the WIQS logo solely in connection with its Wills, Probate and Estate Administration Practice on all marketing/promotional material, signage, stationary and website, provided that: The logo is used in the form stipulated by the Law Society and in accordance with the Law Society s branding policy; All use is in keeping with and maintains the integrity of the WIQS and Law Society brands. The Member Practice shall not use the WIQS logo in any way that that would bring the WIQS and its brand or the Law Society into disrepute or undermine their reputation. The Member Practice may only use the WIQS logo for the duration of the Practice s membership. 10. Intellectual Property Rights At all times all elements of the WIQS brand including the website and WIQS name and logo and all associated goodwill and derivatives are the property of the Law Society. Nothing in the grant of the accreditation shall be construed as transferring any ownership interest in such property to the Member Practice. The Member Practice shall not during the period of their membership seek to or actually register, use or adopt any domain name, company name, trade name, trademark, logo or the like relating to the WIQS, its brand or similar derivative. Page 15 of 16

Any Practice must immediately cease using the WIQS brand and logo upon cessation, revocation or withdrawal of membership of the Scheme. 11. General Terms of Scheme Membership Except in the case of death or personal injury arising from the Law Society s negligence, the Law Society shall not be liable for any special, indirect or consequential loss, or for any economic loss (including loss of profits, business, revenue, sales, goodwill, contract, savings or opportunity), howsoever caused and even if foreseeable. In addition, the Law Society s aggregate liability to the Practice under this Agreement is limited to the amount of the fees due from the Practice under this Agreement. Nothing in this Agreement is intended to create a partnership or joint venture or legal relationship of any kind that would impose liability upon one party for the act or failure to act of the other party or to authorise either party to act as agent for the other. Neither party shall have authority to make representations, act in the name or on behalf of or otherwise to bind the other. This Agreement is personal to the parties and can not be transferred or sublicensed without the prior written consent of the other. The Law Society may update the WIQS Scheme Rules from time to time, including for legal or regulatory reasons, and to allow the proper operation and provision of the WIQS. Any changes will be notified via the contact details provided in the application for the Member Practice or via a suitable announcement on the Law Society website. The changes will apply after the Law Society has given notice. If a Member Practice does not wish to accept the new WIQS Scheme Rules it may terminate its Membership and receive a pro-rata refund. If the Member Practice continues to promote its Membership in marketing/promotional material after the date on which the change comes into effect, this will indicate the Member Practice agrees to be bound by the new WIQS Scheme Rules. This Agreement shall be governed by and construed with English law and the parties to this Agreement shall submit to the exclusive jurisdiction of the English courts. Page 16 of 16