Modern Law Magazine Issue 67

WILLS
& PROBATE
WILLS
& PROBATE
A Wills & Probate Interview:
Ochresoft and
the Environment
Modern Law sat down with Ochresoft’s Marie Harrison-Stradling for
a chat about how the wills and probate sector tackle climate change
and make positive steps to impove the environment.
How can the wills and probate industry contribute to
environmentally responsible practices and raise awareness
about ethical considerations within estate planning?
With the United Kingdom’s recent introduction of water cremation (known as
Resomation) as a third choice after end of life, joining the more traditional burial
and cremation approaches established by the Cremation Act 1902, the theme of
this month’s roundtable questions is most topical and pertinent.
The resulting media coverage has prompted the public to consider at
greater depth, the quite surprising sustainability and ecological impact of
the traditional methods of dealing with their remains after death. With the
public also now more aware of climate change generally, people are actively
engaging in the environmental and ethical impact of their day-to-day
consumer choices and spending. This gives the wills and probate industry a
real opportunity to mitigate climate change in some small way. By working
together and sharing knowledge and information across the sector, we
can appropriately advise individuals as they explore their plans to
deal with their estate after death.
Whether or not clients choose a more eco-friendly or ethical
method of dealing with their estate posthumously, as wills and
probate professionals, we can raise awareness and make a positive
contribution to their decision making.
“As an industry, we are able to advise and
draw awareness to how climate change and
global warming could affect our clients.”
“Climate change and global
warming will impact thewills
and probate sector as much as it
will across all areas of business
and commerce.”
What potential issues might arise in
the wills and probate sector due to the
impact of global warming.
Climate change and global warming will impact the
wills and probate sector as much as it will across
all areas of business and commerce – and societies
globally. Climate change knowledge and awareness
will need to be a primary consideration for all
parties in estate planning and distribution, from the
general consumer to the legal practitioner to the
personal representative and/or trustees involved in
an estate.
As an industry, we are able to advise and draw
awareness to how climate change and global
warming could affect our clients in their planning.
• Certain client asset types might face increased
risk and be more vulnerable to environmental
change, due to their nature and/or location.
• Other asset types at greater risk of natural
disasters and environmental occurrences may
now need increased protective measures and
suitable insurances
• Climate change events and environmental
opinions can swiftly and significantly affect
the value of assets and investments. Legal
professionals may need to review and refresh
more frequently the planning advice for estates
comprising agricultural and/or commercial assets.
“As wills and probate
professionals, we can raise
awareness and make a
positive contribution.”
How can wills and probate practitioners
promote sustainable practices in the
administration of estates, including
the management of real estate and
investments?
To successfully promote sustainable and
environmentally favourable practices with our
clients and the public more widely, it is in our
industry’s interest to communicate clear and
transparent information between organisations.
Helping clients to equip themselves with and
understand information about their posthumous
estate options and the ethical and environmental
impact of each will enable them to make
informed choices.
During the early stages of estate administration
– as part of the initial client information discovery
– practitioners should take the opportunity to
prompt their new or existing clients and connected
third parties to explore the sustainable and ethical
practices available to them. This gives clients and
connected third parties the opportunity to discuss
their interest and ideas with a knowledgeable
professional. At this point, and using information
sheets and openly available resources,
practitioners can remove myths, clarify confusions
and help their clients make estate choices they are
comfortable with.
Unsurprisingly, immediate and future costs
are usually clients’ and third parties’ primary
consideration when they explore their posthumous
options. That is, however, not necessarily the case;
favouring sustainable practices does not cost
the estate or individual as much as the public
commonly expects.
Whether or not clients and connected third parties
select sustainable or ethical practices during
the administration of an estate, by promoting
the existence and accessibility of alternative
options that are better for society and our planet,
practitioners contribute to a brighter future.
Marie Harrison-Stradling
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