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The CLC is the regulator of choice for businesses intending to offer Conveyancing services and Probate activities. These are sometimes referred to as Reserved Legal Services. Many of the practices we regulate also offer other types of legal services referred to as Non-Reserved Legal Services.
Please let us know if you wish to provide these or any other services because CLC practices may only deliver those legal services which the CLC has expressly licensed them to provide.
The reserved legal services we regulate are Conveyancing Services and Probate Activities. CLC Lawyers are also Commissioners of Oaths, and can administer an oath, take an affidavit, or attest a signature where this is required by the court or for a specific type of document.
The non-reserved legal services that can be applied for as a permission on a CLC Recognised Body or ABS Practice Licence are:
Drafting a will on the instructions of an individual and arranging for it validly made.
During a person’s life, management, and disposal of that person’s estate in the event of incapacity and/or death.
Drafting a deed of trust for the management of an estate and/or acting as a trustee as directed in the deed of trust. Such as:
On the instructions of the donor, completing and submitting the form for registration of an attorney to help the donor make decisions or make decisions on their behalf if they become incapacitated. There are two types of LPA: health and welfare and property and financial affairs.
Appointed by the Court of Protection to act as a property and financial affairs deputy for an individual who is unable to make decisions for themselves. Such as:
CLC Practices must cease to act where a matter becomes contested resulting in an application to court (e.g. a dispute between family members as to the provision to be made where someone has lost capacity).
The process after someone has died of collecting in the assets of the estate, paying the debts of the estate (including any taxes) and distributing any remaining assets to those entitled under a will or, if there is no will, as provided by statute.
Although CLC practices should not offer Tax advice they may act on transactions that require an element of specialist tax advice as an ancillary aspect of a regulated legal service so long as they recommend to their clients to obtain independent legal or financial advice on Tax. Practices should request sight of a copy of the advice the clients receive in order to ensure that the work they are carrying out suits the particular requirements of each client. Should the client refuse to obtain specialist tax advice for whatever reason, the Practice must cease acting because to continuing would not be in the clients’ best interest.
The practice must make clear in its terms of engagement and advice to the client that the practice does not provide tax advice or opinions, and that the client should take independent advice from a tax specialist when required. The tax advice provided by other legal and financial professionals falls outside those services regulated by the CLC and is not covered under the provisions of the CLC’s Compensation Fund, or the practice’s professional indemnity insurance.
PLEASE NOTE: CLC Practices may only provide non-contentious work. A service is treated as contentious when it becomes likely that an application will be made to court, and at that stage a CLC Practice must cease acting.