Private Client Workflow: Wills, LPAs, and Estate Administration

A practical guide to the three core private client workflows; wills, lasting powers of attorney, and estate administration; with the common pitfalls and compliance points that catch firms out.

Private client work is growing. An ageing population, increasing property values, and more complex family structures mean more people need help with wills, powers of attorney, and probate. For many firms, private client is the most reliable source of repeat and referred work; clients who have a good experience with a will come back for an LPA, and their family comes to you when they need probate.

But private client work also carries specific risks. A badly drafted will can lead to a negligence claim years later. An LPA that is not properly registered is useless. An estate that is poorly administered creates complaints and liability for the personal representatives and the firm.

This guide covers the three core private client workflows and the practical considerations for each.

Wills: drafting and execution

Taking instructions

Taking will instructions is not just about recording who gets what. The solicitor's role is to:

• Assess the client's testamentary capacity; the client must understand the nature of the will, the extent of their property, and the claims of those who might reasonably expect to benefit
• Check for undue influence; is the client making this will of their own free will, or is someone pressuring them?
• Identify potential claims under the Inheritance (Provision for Family and Dependants) Act 1975; are there people who might challenge the will?
• Consider tax implications; inheritance tax, and whether any planning steps could reduce the liability
• Identify the executors; who does the client want to appoint, and are they suitable?
• Deal with specific bequests; particular items, money gifts, charitable donations
• Address residuary gifts; what happens to the rest of the estate
• Consider substitutional and residuary gifts; what if a beneficiary dies before the client

The meeting should be private; the client should be seen alone, without family members present. This is critical both for assessing capacity and undue influence, and for avoiding later claims that the will was made under pressure.

Drafting

The will should be drafted clearly and unambiguously. Common drafting problems include:

• Ambiguous descriptions of beneficiaries ("my niece"; which one?)
• Unclear residuary provisions
• Failure to deal with the possibility that a beneficiary predeceases the testator
• Incorrect execution clause (the attestation clause must match the requirements of the Wills Act 1837)
• Failure to deal with overseas assets or foreign law issues
• Inadequate provisions for minor beneficiaries (guardianship, trusts)

Every will should be reviewed against the client's instructions to ensure it accurately reflects what the client wants.

Execution

The will must be executed in accordance with the Wills Act 1837. This means:

• The testator signs the will in the presence of two witnesses present at the same time
• The witnesses then sign the will in the presence of the testator
• All three people must be in the same room at the time of signing; not via video call
• The witnesses must not be beneficiaries or spouses of beneficiaries (a witness who is a beneficiary loses their gift)
• The will must be in writing; electronic wills are not currently valid in England and Wales

The firm should keep a copy of the will and a note of the execution arrangements. If the will is later challenged, this record will be important evidence of valid execution.

Lasting Powers of Attorney (LPAs)

LPAs allow a client to appoint attorneys to make decisions on their behalf if they lose mental capacity. There are two types:

• Property and Financial Affairs LPA; the attorney can manage the client's bank accounts, pay bills, sell property, and deal with investments
• Health and Welfare LPA; the attorney can make decisions about medical treatment, care arrangements, and daily routine (this LPA only takes effect when the client loses capacity)

Taking instructions

When taking LPA instructions:

• Ensure the client has capacity to make the LPA; this is assessed at the time of making, not at the time it is used
• Discuss the choice of attorney(s); who does the client trust? Can they work together if more than one is appointed?
• Discuss how the attorneys should act; jointly, jointly and severally, or jointly for some decisions and severally for others
• Discuss any restrictions or conditions the client wants to impose
• Discuss the certificate provider; who will certify that the client understands the LPA and is not under undue influence

Drafting and registration

The LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. Registration can take 8-12 weeks (sometimes longer). The LPA should be registered as soon as it is made; waiting until the client loses capacity means the LPA cannot be used until registration is complete, which could take months.

Common problems with LPAs:

• The LPA is not registered; the client makes the LPA, puts it in a drawer, and the attorney discovers it was never registered when they need to use it
• The wrong attorneys are appointed; the client appoints someone who is unsuitable or who has since fallen out with the client
• Restrictions are too narrow; the client imposes restrictions that prevent the attorney from doing what is needed
• The LPA is not accepted; some banks and financial institutions are reluctant to accept LPAs and may require their own forms to be completed

Storing the LPA

The registered LPA should be stored safely; ideally with the firm, with certified copies provided to the attorneys. The original is needed for most financial transactions. See our guide to document management for law firms for how to structure storage.

Estate administration

Estate administration is covered in detail in our probate administration guide. The key stages are:

1. Instruction and assessment; identify the personal representative, locate the will, identify beneficiaries
2. Valuing the estate; all assets and liabilities at the date of death
3. Inheritance tax; calculate, file, and pay any IHT due
4. Applying for the grant; probate or letters of administration
5. Collecting and realising assets; closing accounts, selling property, collecting investments
6. Paying debts and liabilities; all legitimate debts must be settled before distribution
7. Estate accounts; prepared and approved by residuary beneficiaries
8. Distribution and closure; transfer to beneficiaries, close the matter

The workflow from will to LPA to probate is a natural client journey. A client who makes a will with you at 60, an LPA at 70, and whose family comes to you for probate at 80; that's the private client lifecycle, and it's the foundation of a profitable private client practice.

Common pitfalls across the three workflows

• Capacity not assessed; if capacity is later challenged, the firm needs evidence that it was assessed at the time. For elderly or vulnerable clients, consider a medical assessment.
• Undue influence not checked; a family member attending the meeting, answering questions for the client, or insisting on specific provisions are all red flags
• Records not kept; the file note of the will-taking meeting is the firm's defence against a later claim that the will does not reflect the client's wishes
• Billing not done; private client work is often deferred billing (the estate pays on conclusion). But wills and LPAs should be billed on completion, not left on the file. Time should be recorded as it's done, not reconstructed at the end.
• LPA not registered; a recurring problem that leaves the client unprotected

Where OrdoLux fits

OrdoLux is a matter-centric practice management platform where each will, LPA, and probate matter has its own workspace. Parties (client, executors, beneficiaries, attorneys), key dates, documents, time, and billing are all in one place.

OrdoLux includes SharePoint document storage for wills and LPAs (with per-matter folders), Checkboard for KYC and AML checks, built-in e-signature for documents that can be signed electronically (not wills; those still need wet ink), time recording that captures the time spent on each private client matter, and Stripe for client payments.

See all features or book a demo.

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