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The Probate Debate                                                                         13




      The Probate Debate: Part 1 of 5



       P   r ob     ate Case Man gate Case Man                 ement
       Probate Case Management
                                                               ement
       versus Probate Accounts
       v
             rs
          e
                sus P obrus P
                                           te Accounts
                                           te Accounts
                                       a
                                           te Accounts
      Probate Accounting or
      Probate Case Management                                     ࠮ ࠮  accounting for packaged p oducts such as ISAS    raccounting for packaged p  oducts such as ISAS
       Many p
                                      efer to p
                                              robate
                                               obate
               r
               obate p ofessionals robate p
                                     r

                                                                                  and PEPS

       softwa r e as “p robate case management.” obate case management.”     and PEPS
                                                                    listing the market value of equities and their
                                                                    listing the market value of equities and their
      Many probate professionals refer to probate software as     ࠮ ࠮  listing the market value of equities and their


                                                                  ࠮         ࠮
      “probate case management.” This is a misunderstanding of
         obate softwar
                       re.
        r p

      the nature of probate software.                                             does not want sha esrdoes not want sha
       What is the cause of this misunderstanding?
       What is the cause of this misunderstanding?                ࠮ ࠮  auto calculating the net or g
       What is the cause of this misunderstanding?
       What is the cause of this misunderstanding?
                                                                    auto calculating the net or g oss tax of equities, gilts ross tax of equities, gilts
                                                                    and unit trusts
                                                                            and unit trusts

       Most  softwa  e r  suppliers tosuppliers  the  legal  marketplace  e r a e  not  able  or  lack   ࠮ ࠮    listing the fo eign sharlisting the fo  res and calculating the tax due
                                                                                    es and calculating the tax due
      What is the cause of this misunderstanding?                                                                                 under the double taxation ag eementrunder the double taxation ag
                             complexity
          vigour
                                      of
                                             administration, which administration,
               to
                 r
                 eplicate theeplicate
       the
                          full
                                        estate
       is  primarily  an  accounting function.accounting  They  the r efo  e r  supply  the  case   ࠮
                                                                  ࠮   constantly  ecalculating the money due to the r  constantly  ecalculating the money due to the
       management  tools  that rathat  e  r eadily  available  to  them  which theywhich  sell  as
       “p
         obate case management.”
         obate case management.”
         r
      Most software suppliers to the legal marketplace are not able or lack the vigour to
      replicate the full complexity of estate administration, which is primarily an   These a accountingThese a accounting functionsccounting functionsccounting  clearly  r r equirequir r aer ae  dedicated
                                                                                                   dedicated
                                                                                       clearly
      accounting function. They therefore supply the case management tools that are  r p  obate accounting  system.  By  contrast a a sp r eadsheet






















                                                   thein

       management.


                                         usefula
                                                         tool
                                                   management

                                                day
                                                                  to
                                                                 day

                                                            day

                                certainly








                     certainly


                   isIt
      readily available to them which they sell as “probate case management.”        is                                             blunta blunt  instrument.  Only  an e







                                                                                         experienced practitioner xperienced













                                                                       deptha depth








                                                                  with                     of                                     knowledge                                     can                                     manage thismanage                                                      work                                        in
















       the estate.
      Case management is concerned with workflows, mailmerging and task   such                      An                                       experienced                                         rp obate                      obate                                     practitioner






                                                                         mannea manne






      management. It is certainly a useful tool in the day to day management of events. It  Probate accounting involves a plethora of financial details, such as:
                                                                  could e
                                                                                                         the
                                                                                                      on
                                                                                       manage
                                                                                              the work
                                                                       even hypotheticallyven
                                                                                   !
                                              case management case
          fundamental
                                    how
                     question toquestion
       The
                                       useful
                              ask
                                 is:
                                             is
      does not however lend itself to managing the finances of the estate.   back                    envelope.                                     Not                                                                                      ecommended ra                                                                  ecommended

























                                                                      of






                                                                                        courseof
















                                                                        an
       without  an a           based  on  a  r p  ofessional databaseofessional  r f  om
                accounting systemccounting
                                                                  practice.
                                                                  practice.   logging the assets and liabilities
                                                                       •
      The fundamental question to ask is: how useful is case management without an   •  separating capital and income
      accounting system based on a professional database from which it can suck financial  •  dealing with post death income and accrued income
      data. One discerning solicitor likened it to “trying to catch fish without bait.”   •  paying the gas bill and funeral expenses
       The  r eality  is  that c case managementase  is  at  best  about 20%about  of  the
                                                    ounting.           •      dealing with post probate adjustments
                                                                       •      an easy way to account for an abatement of assets
      The reality is that case management is at best                   •      dealing with capital gains/losses and revaluations
       themselves  short. ou  will  still  need  a  tool  to  log  the assets andassets  liabilities   •  accounting for packaged products such as ISAS and PEPS
      about 20% of the estate administration - the                     •      listing the market value of equities and their dividends
                                            ently high
                                   but
                                      an
                             useful
          estate.
                                           r
                                        inhe
       an
                 r
               Sp
                                                    risk
                            e
                  eadsheets raeadsheets
      bulk of which is financial accounting.           tool,  in       • •    calculating the cash value to the beneficiary who does not want shares
                                                                              auto calculating the net or gross tax of equities, gilts and unit trusts
                                                                       •      listing the foreign shares and calculating the tax due under the
                     n
       Sp r eadsheets  e r a  not inheot  r ently  multiuse  . r  Stuck  on t the solehe  computer   double taxation agreement
       of  the  use  they  cannot becannot  used  on  a  central  server  by moby  e r  than  one   •  constantly recalculating the money due to the residuary
      Law firms who buy ‘probate case management’ are unwittingly selling themselves  beneficiaries

                                                                      being





                                                                                        one


                                                                                            user





                             timeaat


                                                                           overwritten byoverwritten















                                                 without thewithout





                                                  dataof


       user



                                                            risk

      short. You will still need a tool to log the assets and liabilities of an estate. Many firms
       over anothe
      use spreadsheets to record the financials of an estate. Spreadsheets are useful but  These accounting functions clearly require a dedicated probate accounting system.
      an inherently high risk tool, in contrast to a probate specific accounting system.  By contrast a spreadsheet is a blunt instrument. Only an experienced practitioner
         eating managementating
                                                   data rfata
                                                   d
        re
              management eportsrmanagement eportsrmanagement
                                                       r f om
                               with iith
       C
                               w
                                   information usingnformation u
       Cr
                                                           all
                                                           all
                                                        om
                                            using allusing allsing
             om separate sprm separate sp
       cases f ro        eadsheets is not feasible.                    with a depth of knowledge can manage this work in such a manner. An experienced
      Spreadsheets are not inherently multiuser. Stuck on the sole computer of the user,  probate practitioner could even hypothetically manage the work on the back of an
      they cannot be used on a central server by more than one user at a time without the  envelope. Not of course a recommended practice.
      risk of data being overwritten by one user over another.                                                                                            askance   Financial informationFinancial  needs  to  be  held inheld  such  a


            likelyis










                                                                  the
                                                                     auditors.
                                                                               law
                                                                            The



                                       alarmto








       and















                                                                                        might look
                                                                                  society might
                                                                             can
                                                                                                       other
                                                                  manner Financial information needs to be held in such a manner that it can easily be
                                                                                        understood by
                                                                                 easily
                                                                        that itthat
                                                                                      be
                                                                                                    any
      Creating management reports with information using all data from all cases from  understood by any other member of the team. In an efficiently run firm, work needs
      separate spreadsheets is not feasible.                      needs  to be easily delegated to a probate assistant when necessary. Otherwise taking on
                                                                                               r p
                                                                       to beto
                                                                                 delegated
                                                                            easily
                                                                                               obate assistant obate
                                                                                            a
                                                                                          to
                                                                       new work is limited, and you will be in deep trouble if you fall ill and require an
       ࠮ ࠮                                                        when  necessar .ynecessar  Otherwise  taking  on new  work  is
         logging the assets and liabilities
         logging the assets and liabilities
      Inadequate management reporting is a significant risk factor for the firm, and is  limited, assistant to pick their way through your spreadsheet.
                                                                                                          ill
                                                                        and youand
                                                                                            r t
                                                                                       deep
                                                                                                   you
                                                                                             ouble ifouble
                                                                                  be
                                                                               will
                                                                                                       fall
                                                                                     in
       ࠮ ࠮
         separating capital and income
         separating capital and income
      likely to alarm the auditors. The law society might look askance at such a practice, and  r equi erequi  an  assistant  to  pick  their  way thway  r ough  your
       ࠮ ࠮
         dealing with post death income and accrued income
         dealing with post death income and accrued income
         dealing with post death income and accrued income
      and you definitely will not win Lexcel accreditation.       sp readsheet.
                                                                       An effective solution needs both case management and an accounting database,
                                                                    eadsheet.
       ࠮ ࠮  paying the gas bill and funeral expenses                   working in harmony with each other. The result is a profitable private client
         paying the gas bill and funeral expenses
       ࠮ ࠮  dealing with post p obate adjustments                      department. A number of probate managers have reported achieving gross profits
         dealing with post pr
                       robate adjustments
       ࠮ ࠮  an easy way to account for an abatement of assets     and  an accounting  database,  working in  harmony
         an easy way to account for an abatement of assets
                                                                       in excess of 70% for their department as a direct consequence of using the Isokon
       ࠮ ࠮  dealing with capital gains/losses and  evaluationsrdealing with capital gains/losses and   department. Adepartment.  number  of  r p  obate m

                                                                       accounting system combined with an integrated Isokon case management
                                                                                               managers have anagers
      Isokon                                                      their Isokon accountingIsokon  a  di system c  using
                                                                       component.
                                                                      department asdepartment
                                                                                      ect c
                                                                                      r
                                                                                         consequence ofonsequence
                                                                  the
                                                                                            combined withombined
                                                                                                         an
                                                                  integrated Isokon case management component.integrated Isokon case management component.integrated Isokon case management component.
       For further information please contact: Gregory van Dyk Watson, Managing Director of Isokon Limited.  furtherFor  information pleasenformation  contact:  G re  Dyk  W atson,  Managing DiManaging  r ector  of I Isokonsokon  Limited.
                                               egory vangory
                  i
      For further information please contact: Gregory van Dyk Watson, Managing Director of Isokon Limited. Email: [email protected] or call 020 7482 6555.
              r
              [email protected] or call 020 7482 6555. Alte
                                                                    .isokon.com.isokon.com
                                                                   w
       Email: [email protected] or call 020 7482 6555. Alternatively visit [email protected] or call 020 7482 6555. Alte natively visit [email protected] or call 020 7482 6555. Alte
       Email: g
                                                                                               development
             was
                                      Dyk
                                  van
       Isokon
                 founded
       Isokon was founded by Gregory van Dyk Watson in 1999. The company has invested 44,000 man hours in development Gbyfounded
      Alternatively visit  www.isokon.com W atson in  1999.  The  company  has  invested 44,000invested  man  hours  in development
       of the p oduct over the last 15 years.
       of the product over the last 15 years.




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                                                                                                                                                                  36%
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                                                                                                   supplier  softwa

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           company
                                                                                                       law







                                                                                                                                          Client
                                                                                                                                                 work.


       The company is currently the leading supplier of software for Probate and Private Client work. It is used by 36% of law
       The









                                              of









      Isokon was founded by Gregory van Dyk Watson in 1999. The company has invested 44,000 man hours in development of the product over the last 15 years.
       estates, as well as basic estates.
       estates, as well as basic estates.
       estates, as well as basic estates.
      The company is currently the leading supplier of software for Probate and Private Client work. Isokon is used by 36% of law firms who do private client work. It is used by
       Isokon is based on an accounting database engine with an integrated Isokon case management component.Isokon is based on an accounting database engine with an integrated Isokon case management component.
       Isokon is based on an accounting database engine with an integrated Isokon case management component.
       Isokon is based on an accounting database engine with an integrated Isokon case management component.
       Isokon is based on an accounting database engine with an integrated Isokon case management component.
       Isokon is based on an accounting database engine with an integrated Isokon case management component.
      more than 2,000 individual users. It is used for the most complex estates, as well as basic estates.
      Isokon is based on an accounting database engine with an integrated Isokon case management component.
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