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ICAEW Opens the Doors to Non-Members for Probate Work

By Jane Mather

When ICAEW opened its doors for accreditation to carry out probate work last year, the main emphasis was on ensuring ICAEW members were able to apply and to attain the relevant qualifications to do so.

For many firms the person most suited to perform this work was not necessarily an ICAEW member. This meant that such firms were either unable or found it more difficult to find appropriate staff to put forward as authorised individuals enabling them to offer the full service in relation to probate and estate management. In other firms all the principals were (for example) ACCA qualified and accreditation was not available to them.

Things have now all changed! Provided a principal within a firm is an authorised individual and the firm can (and will) comply with the ICAEW Probate Regulations, any firm may apply to be accredited to carry out probate work by ICAEW. This now means that ACCA firms, CTA firms, AAT firms (any firm!) can apply to ICAEW to be accredited to perform probate work once they have authorised individuals in place.

ICAEW have published the ‘Qualification Criteria’ for becoming an authorised individual for probate work for both members and non-members.

In summary there are three routes to becoming eligible to apply to be an authorised individual.

1) Members

ICAEW members who attend the SWAT UK Certificate in Probate and Estate Administration and pass the assessment following the course can apply to become an authorised individual under Probate Regulation 4.1a. 

ICAEW members who hold the STEP Diploma for Accountants and Tax Practitioners (Trusts and Estates) may be exempt from having to attend the SWAT UK course and sitting the assessment. If they meet the exemption criteria noted below then they can apply to become an authorised individual under Probate Regulation 4.1c.

2) ICAEW members and non ICAEW members with probate accreditation from other Approved Regulators

If a person is entitled to carry out probate work by virtue of holding a qualification approved by another Approved Regulator such as a member who is also a solicitor and is accredited by the Law Society to carry out probate work, then they can apply to become an authorised individual under Probate Regulation 4.1b.

3) Non ICAEW members and ICAEW members holding the STEP qualification

Non ICAEW members need to either provide evidence that they have attended a course that covers all the learning criteria set in the ICAEW Probate Regulations and have passed an assessment on that material or should attend the SWAT UK Certificate in Probate and Estate Administration and pass the assessment that goes with it.

The learning objectives are detailed on the ICAEW website as noted below. Applicants need to demonstrate that the qualification they have sat covers those outcomes and map the syllabus of their qualification to the learning objectives to show they have all been covered. The only exceptions are the sections on the Legal Services Act and Dealing with Vulnerable Clients which can be covered by reference to material provided by ICAEW and which can be accessed through the probate section of the website. They will also need to provide proof of that relevant qualification. 

Holders of the STEP Diploma for Accountants and Tax Practitioners (Trusts and Estates)

If they have passed this Diploma on or after 2012, then when applying for authorised individual status they will not need to provide the syllabus and map it to the learning objectives. Instead, they will merely need to provide their qualification certificate.

If they passed the STEP Diploma before 2012 then, as with non-members with other qualifications, they will need to demonstrate that they have covered all the learning objectives and provide a copy of the syllabus of the course mapped to those learning objectives. ICAEW will then determine whether the exemption from attending the SWAT UK Certificate in Probate and Estate Administration and sitting the assessment that goes with it applies or not. Alternatively they can simply attend the SWAT UK course and take and pass the assessment.

Both non-members holding a relevant qualification and members holding the STEP qualification exempting them from the SWAT UK course can apply to become an authorised individual under Probate Regulation 4.1c.

You can see the full text on ICAEW website at http://www.icaew.com/en/technical/legal-and-regulatory/probate-and-alternative-business-structures and by selecting Qualification Criteria.

SWAT UK's Certificate in Probate and Estate Administration

Get authorised for probate with our Certificate in Probate and Estate Administration. We're running courses and assessment days throughout 2015 but hurry, spaces are limited! Click here to find out more and book online or call 0845 450 5555.

Alternatively, our webinar recording of the course is available to watch instantly online right now. 

For more details and to order the recording, please click here or call our courses team on 0845 450 5555.

Don't forget you will also need to attend an assessment centre (and pass the assessment) in order to obtain your certificate. Click here to find out more >

 

SWAT UK's Certificate in Probate and Estate Administration

 

 

January 2015 

 

Disclaimer
This article is published with the understanding that SWAT UK Limited is not engaged in rendering legal or professional services. The material contained in this article neither purports, nor is intended to be, advice on any particular matter. This article is an aid and cannot be expected to replace professional judgment. SWAT UK accepts no responsibility or liability to any person in respect of anything done or omitted to be done by any such person in reliance, whether sole or partial, upon the whole or any part of the contents of this article.