The Institute for Chartered Accountants England and Wales (ICAEW) can authorise their members to undertake probate activities under the Legal Services Act 2007.
Once an accountant becomes an “authorised person” for probate activities, the Legal Ombudsman has the ability to investigate a complaint when they have provided a legal service.
There are some services provided by these accountants that will be a legal service and some that are not. Services that are likely to be considered a legal service include:
- Undertaking probate work
- Undertaking estate administration work
- Advice on the application of tax law
- Taking witness statements that will be used for litigation
- Representing a client at a tax tribunal
- Being instructed as an expert witness on behalf of a client
We will accept complaints where we consider that the complaint is about a legal service.
We will not accept complaints about services that are NOT a legal service, such as preparing business accounts, or about any service they provided before the date that they became an authorised person.