Legal, finance and accounting

Legal technician - probate technician

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Support the Authorised Person in dealing with legal matters relating to the transfer of ownership of land or property from a seller to a buyer.

Summary

This occupation is found across the legal sector in large and small firms. Whilst probate work is done within private firms, conveyancing activities can take place in public, private and third sector organisations who carry out land and property transactions. Commercial or public sector organisations may offer in-house services or contract out their conveyancing requirements to third parties. For example conveyancing technicians may work in housing associations, local authorities, banks and building societies, property development companies and even rail and air entities.

The legal technician (LT) role supports the work of the firm in one of 2 key areas, conveyancing or wills and probate, both of which are regulated by the Conveyancing Licensing Council (CLC) but not exclusively.

An LT knows the law in their specialist area to a level where they can address routine matters. They also have a broad awareness of other aspects of law that may impact on their day-to-day work

Both conveyancing and probate options require the LT to use their expertise in conveyancing or probate law to engage with clients and other stakeholders. They use their legal knowledge to understand the clients and stakeholder’s needs to help them access the right services. The LT uses a range of communication channels and styles to tailor their approach so that whether the client is a member of the public or an experienced lawyer they get the legal information and support that they need in a form that is appropriate to them.

The LT manages their workload under the direct supervision of an Authorised Person, a qualified individual authorised by an approved regulator to carry out reserved legal activities. Working under the supervision of a regulated conveyancing or probate lawyer they may support, but not have responsibility for, dealing with more complex or ambiguous cases. They provide support to colleagues as needed though they do not manage or supervise others.

The LT uses digital tools in their work to conduct legal research, manage caseloads and communications. They are expected to maintain the highest personal standards or integrity and professionalism in managing data and privileged information. 

An LT has a good knowledge of the law in relation to their specialist area and a broad awareness of other aspects of law that may impact on their day-to-day work. They take an active and professional approach to identifying risks to vulnerable clients and in relation to combating fraud such as money laundering and cybercrime.

The role of a conveyancing technician is to support fee-earning activities within conveyancing. They carry out legal activities based on work defined and agreed by a supervisor. This may include supporting a licensed conveyancer as an Authorised Person. Transactions in residential property and land can be stressful and time sensitive so it is vital that conveyancing technicians can demonstrate empathy with clients under pressure.

The conveyancing technician may also carry out work in connection with any transaction that creates, varies, transfers or discharges a legal or equitable interest in any real property. They are flexible in their approach because each property transaction is unique and work closely with clients who are the buyers and sellers of property and often also a lending institution. 

The conveyancing technician understands the intent of regulatory arrangements, consumer and lender requirements and escalates or deals with tasks accordingly. The occupation involves managing a range of standard non-complex conveyancing transactions as a fee earner and by supporting the Authorised Person with the management of their case load.

Probate technicians work in a variety of legal teams and settings recognised in the private client industry and deal with a broad range of other professional persons including accountants, banks, tax authorities, trusts and charitable professionals while administering an estate.

The role of a probate technician is to support fee-earning activities within will drafting, legal powers of attorney and probate.  This may include supporting a principal probate practitioner as an Authorised Person.  The role is varied as no two estates are the same and given that this is helping clients often at an emotional time, they must be able to demonstrate empathy and understanding. 

A probate technician deals with the drafting and administration of wills and the affairs of a deceased person (“estate”) and they liaise with their representatives (executors or administrators) to administer the estate in accordance with their will or under the intestacy provisions, (should they have not left a will). They assist others with caseloads of non-inheritance tax and non-complex estates either fully administering the estate or dealing with parts of the process. They understand the requirements and restrictions of working in a regulated environment together with consumer and legal requirements associated with probate matters. 

Typical job titles include

Knowledge, skills and behaviours (KSBs)

• Knowledge
• Skills
• Behaviours