If you are named as an executor of a will, whether you need a practising certificate depends on the capacity in which you’ll be carrying out your duties. These scenarios should help to make the distinction clear.
Scenario 1: Client's will
Question
I am an employee in a public practice, and I have been named as executor in my client’s will. Do I need a PC?
Answer
You do not require a PC. You are not a principal. However, if you are held out as a principal you do require a PC.
Do not forget that probate is a reserved activity requiring authorisation or a licence from an approved regulator such as ICAEW.
Your firm will not need to be accredited for probate by ICAEW or another legal service regulator if:
- you are acting in a personal capacity as an executor for no fee and are not discharging your duty as executor through the firm; and
- the firm in which you are a principal charge do not charge a fee for the estate administration work.
Further guidance can be found in paragraph 3.4.3 of ICAEW's technical release 01/16.
Scenario 2: Friend's will
Question
I am an ICAEW member, but I am not a principal in a public practice, and I have been named as an executor on a friend’s will. Do I need a PC?
Answer
It depends:
- You will need a PC if you are charging for your services as you will be considered to be in public practice. Don’t forget that probate is a reserved activity requiring authorisation or a licence from an approved regulator such as ICAEW. You will need to be accredited for probate by ICAEW or another legal service regulator.
- You will not require a PC or be accredited for probate if you are acting in a personal capacity and are not charging a fee for any of the work as you will not be deemed as being in public practice.
Need help deciding?
Contact the Ethics Advisory Team
Practising certificates
Find out if you need a practising certificate and how to apply for one.
