Supporting vulnerable consumers during probate and estate administration

Why consumer vulnerability matters in probate and estate administration

Vulnerability is not a fixed characteristic: it may be permanent, temporary, fluctuating or caused by a particular situation and probate and estate administration often take place during stressful and unfamiliar circumstances. Clients may be dealing with bereavement while acting as an executor or personal representative for the first time, managing legal and financial responsibilities, delays, uncertainty or difficult family relationships.

These circumstances may affect a person's ability to understand and retain information, make decisions, keep track of next steps or engage confidently with a firm.

Firms should not assume that every bereaved or older client is vulnerable, but should create opportunities for clients to explain what support they need.

What are firms’ ethical and regulatory obligations to vulnerable clients?

ICAEW-accredited legal services firms should take reasonable and proportionate steps to identify where vulnerability may affect client engagement, adapt communication and processes where necessary, support informed decision-making and monitor whether their services create avoidable barriers.

Firms should be able to:

• understand permanent, temporary, fluctuating and situational vulnerability;
• recognise factors that may increase vulnerability and indicators that additional support may be needed;
• ask open and respectful questions about support needs;
• check understanding and adapt communication and processes where appropriate;
• consider reasonable adjustments throughout the client relationship;
• manage third-party involvement while keeping the client's wishes central;
• respond appropriately to concerns about instructions, decision-making, undue influence or financial abuse; and
• use complaints, feedback and outcomes to improve accessibility and service design.

How can consumer vulnerability affect your client?

Consumer vulnerability may affect how a client understands information, gives instructions, makes decisions, manages deadlines or raises concerns. It can also affect how confidently they engage with legal processes, understand costs or use digital services. Recognising these barriers early allows firms to adapt communication and processes where appropriate and provide proportionate support.

What could be indicators of vulnerability?

A client may appear distressed, anxious, confused or overwhelmed; repeatedly seek clarification; disengage from the process; rely heavily on a third party; or express uncertainty about costs, processes or outcomes despite explanations. These indicators do not by themselves establish vulnerability, but they may show that the firm should ask whether additional support would help.

How can firms support vulnerable clients?

Support should reflect the client's circumstances and remain proportionate. Practical steps may include allowing more time for decisions, offering information in alternative formats, providing non-digital options, explaining matters in clear stages, giving written summaries, checking understanding and arranging meetings with a trusted third party where the client consents.

Firms should encourage open dialogue so clients can explain their support needs, recognising that vulnerability may emerge or change during the course of a matter. Relevant support needs should also be recorded appropriately so that support remains consistent throughout the matter.

Reasonable adjustments and decision-making

Some clients may be disabled within the meaning of the Equality Act 2010 and may be entitled to reasonable adjustments. Firms should consider adjustments throughout the client relationship rather than waiting for a client to request them.

Most vulnerable consumers will have full capacity to make decisions and give instructions. Firms should avoid assumptions based on age, disability, illness or other personal circumstances and take reasonable steps to support the client to participate in decision-making. Firms may need to consider whether specialist advice is required where there are concerns about a client's ability to understand information, make decisions or provide instructions.

Relevant regulations and legislation

• ICAEW Code of Ethics
• ICAEW Legal Services Regulations
• Legal Services Act 2007