ACCA is withdrawing from probate regulation and our regulatory arrangements for probate will be withdrawn with effect from 1 January 2022.
Probate Application Process, Forms and Guidance
Individuals wishing to apply for authorisation for probate are required to hold a legal activities qualification. Members of ACCA must hold a practising certificate and have successfully completed a relevant course and assessment covering specific areas of probate work.
Individuals who are not members of ACCA can also apply for probate authorisation and must hold (or be eligible to hold) probate authorisation with another approved regulator, or have completed a relevant course and assessment covering specific areas of probate work, or be otherwise entitled to carry on probate activities under the Legal Services Act 2007.
Firms wishing to apply for probate authorisation must apply for a Firm’s Legal Activities Certificate (FLAC). Individuals are not eligible to undertake probate work through ACCA unless the firm(s) in which they practice holds a FLAC.
ACCA can only authorise individuals and firms for non-contentious probate (ie grant of probate or letters of administration only). ACCA cannot authorise individuals and firms for contentious probate (ie oppose a grant of probate or letters of administration).
In 2021, there is no fee for an individual to register as an Authorised Legal Activities Individual (ALAI) and no fee is payable by the firm for the FLAC.
Further guidance about the eligibility requirements including FAQs can be found in the related downloads.
Legal Activities Regulations 2018
The Legal Activities Regulations (LARs) 2018 came into force on 1 March 2018 and are contained in the UK annex to the Chartered Certified Accountants’ Global Practising Regulations 2003 in the ACCA Rulebook.
ACCA Probate and Estate Administration Course and Assessment
The ACCA Probate and Estate Administration course and assessment is offered by BARBRI Altior and is available live online to ACCA members who hold a practising certificate. The course and assessment will be recognised by CRL and supported by them following our withdrawal from probate regulation. Other probate courses and assessments may also be acceptable and details and a list are can be found in the related downloads.
Guidance about the probate activities that ACCA-regulated firms can carry out are set out in a suite of Probate factsheets. The suite of factsheets starts with ‘what to do when someone dies’, with others in the suite looking at administration of estates, taxation, calculations, forms required and distributions to beneficiaries.
The probate factsheets can be requested from firstname.lastname@example.org. Please include your membership number, firm and ‘probate factsheets’ in the subject line. Members undertaking work in a personal capacity can obtain extracts from the factsheets and should include their name, membership number and ‘probate factsheets extracts’ in the subject line.
ACCA has commissioned education support from CILEx on Wills for our probate practitioners. Please view this short video which provides an overview of the opportunity available to you.
To access the education support, ACCA probate practitioners should register on the CILEx portal here.
After registration, please email the following details to email@example.com in order to activate your registration: First name, Surname, Email, and CILEx Contact Reference No. These details can be found on the CILEx portal on the ‘My Details’ page after registration here.
Once your registration is activated, please click on ‘CILEX Learn’ in the CILEx portal to access the Wills e-learning. ‘CILEX Learn’ can be found under the ‘My Learning’ orange tab on the left hand side.