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Contents
Contents
Details of the occupational standard
Occupation summary
- This occupation is found in all legal firms that deliver conveyancing, and, or probate legal services and advice. Licensed Conveyancer and Probate Practitioners work in a variety of legal teams and settings. They deal with a broad range of professional organisations or persons. These can include accountants, banks, local authorities, tax authorities, trusts, charities and property professionals.
- Licensed Conveyancers and Licensed Probate Practitioners work as principal fee earners. They have a significant level of autonomy and are responsible for compliance with Regulatory Arrangements and Lender requirements. Digital skills are increasingly important as is a due regard for the security and sensitivity of customer data. Licensed Conveyancers and Licensed Probate Practitioners need to understand their customers’ needs so that they can give the most appropriate service in the customer's best interests and in accordance with professional and ethical demands. They will handle customer monies and work closely with regulatory requirements to ensure that they provide an ethical service.
- Licensed Conveyancers are qualified, professional property lawyers who specialise in the legal aspects surrounding buying and selling property in England and Wales. Licensed Conveyancers are also Commissioners for Oaths. This means they have legal authority to administer and witness official documents such as affidavits to swear that a statement is the truth. A Licensed Conveyancer will ensure that all documentation, contracts and financial arrangements associated with buying or selling a property or piece of land are in order. They understand that each property transaction is unique and work closely with clients. Licensed Conveyancers work with clients who are the buyers and sellers of property and often also a lending institution. The role is varied as no two property transactions are the same. The Licensed Conveyancer helps clients often at a stressful time so they must be able to demonstrate empathy and understanding. Licensed Conveyancers can work anywhere that deals with the transfer of a title to property or land in a legal department headed by a qualified person. The scope of employment is not limited to a law firm. Licensed Conveyancers can work in housing associations, local authorities, banks and building societies to property development companies and even railways and airports.
- Licensed Probate Practitioners are qualified, professional probate lawyers. They specialise in the legal aspects surrounding inheritance and the administration of Wills and estates in England and Wales. Licensed Probate Practitioners are experts in the legal documentation and processes for dealing with the affairs of a deceased person (“estate”). They advise and draft Wills and Lasting Powers of Attorney. They liaise with the deceased’s representatives to administer the estate in accordance with their Will. When the deceased has not left a Will, they work under the Intestacy provisions. Licensed Probate Practitioners are also Commissioners for Oaths. This means they have legal authority to administer and witness official documents, such as, affidavits to swear that a statement is the truth. Licensed Probate Practitioners work in a variety of legal settings recognised in the private client industry, including Licensed Conveyancing or Solicitors’ practices. The role is varied as no two estates are the same. The Licensed Probate Practitioner helps clients often at an emotional time and so must be able to demonstrate empathy and understanding. They must be vigilant to the needs and risks posed to vulnerable clients such as the elderly to ensure that their interests are protected.
- An employee in this occupation will be responsible for work managing and guiding junior staff such as conveyancing technicians and probate technicians.
- The Licensed Conveyancing and Licensed Probate Practitioner Apprenticeship is one of several equivalent ways to qualify as a Licensed Conveyancer or Probate Practitioner and become an Authorised Person.
Typical job titles include:
Core occupation duties
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Duty 1 provide ethical legal services ensuring high standards of client care ensuring they are acting in the best interests of the client. |
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Duty 2 work closely with third party stakeholders and other professionals to understand their technical legal requirements and provide excellent client service for example, property managing agents, probate lawyers, mortgage brokers or land registry. |
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Duty 3 undertake legal research to understand technical legal requirements and provide excellent customer service. |
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Duty 4 undertake professional case review of self and others to identify risks and recommend areas for improvement, remedial actions paths to progression and escalation. |
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Duty 5 engage in identifying the limits of their personal professional experience and competence and escalate instructions that are beyond their scope of expertise. |
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Duty 6 manage client and organisation data securely and confidentially in compliance with legislation. |
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Duty 7 conduct all transactions with awareness of fraud including taking a defensive approach towards cybercrime. |
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Duty 8 risk assess the impact of transactions on clients and other stakeholders to ensure compliance with legislation and professional standards including recommendations for the mitigation of risks. |
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Duty 9 ensure all transactions are undertaken in compliance with Anti-Money Laundering regulations. |
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Duty 10 undertake Know Your Client activity comprehensively and with due diligence to ensure that the appropriate legal services are provided. |
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Duty 11 lead case progression activity to ensure caseloads move with timeliness and with a view to commerciality. |
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Duty 12 work closely with clients and third parties providing excellent client service. |
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Duty 13 manage their personal and professional continuous development. |
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Option duties
Licensed Conveyancer duties
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Duty 14 provide conveyancing legal advice in connection with sale and purchase, re-mortgage or transfers of equity of residential property. |
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Duty 15 work closely with lending institutions to understand their requirements and provide excellent client service. |
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Duty 16 manage a case load of property and land transactions to demanding timescales including a range of types of property and land transactions such as freehold, re-mortgages and transfers of equity. |
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Licensed Probate Practitioner duties
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Duty 17 provide advice and drafting of Wills and Lasting Powers of Attorney to clients. |
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Duty 18 provide advice to clients during probate activities and the administration of estates. |
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Duty 19 manage a case load of drafting of Wills, Lasting Powers of Attorney and probate activities to appropriate timescales and quality standards. |
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KSBs
Knowledge
K1: principles of legal and regulatory liabilities with regards to the client or clients, and organisation to ensure compliance with all professional obligations.
Back to Duty
K2: requirements for acting in the best interest of the client to protect clients and limit liability for negligence such as identifying and acting for vulnerable clients.
Back to Duty
K3: principles of anti-money laundering regulations in relation to legal transactions including personal and professional liability.
Back to Duty
K4: principles of managing client accounts.
Back to Duty
K5: approaches to communication to different stakeholders and how to translate complex concepts using plain English to provide clarification and explanation of standard Legal terms.
Back to Duty
K6: approaches to client engagement and conducting Know Your Client activity to establish needs and risks.
Back to Duty
K7: principles of digital tools and software such as case management systems, databases and online drafting software.
Back to Duty
K8: fundamentals of the legal requirements relating to the use of data including risks to confidentiality of data posed by and to clients actions.
Back to Duty
K9: fundamentals of cybersecurity vulnerabilities in an organisation and steps that can be taken to mitigate those risks.
Back to Duty
K10: the impact of diversity and inclusion on client service delivery.
Back to Duty
K11: the activities of the occupation which contribute to their ‘professional carbon footprint’ and steps that can be taken to reduce it.
Back to Duty
K12: principles of Law applicable to conveyancing in respect of residential property and land.
Back to Duty
K13: principles of regulatory arrangements for personal compliance with requirements as a licensed conveyancer.
Back to Duty
K14: the impact of climate change on the legal landscape such as green deal, electric charge points, green buildings, EPC certification, planning implications and emerging green technologies and regulations.
Back to Duty
K15: fundamentals of tax implications for conveyancing.
Back to Duty
K16: principles of regulatory arrangements for personal compliance with requirements as a licensed probate practitioner.
Back to Duty
K17: principles of law applicable to Will drafting, Lasting Powers of Attorney and probate activities.
Back to Duty
K18: fundamentals of tax implications for probate activities.
Back to Duty
Skills
S1: manage caseload to prioritise client service and working in the clients’ best interests.
Back to Duty
S2: manage relationships with other lawyers and professional third parties using most effective channels to progress caseloads.
Back to Duty
S3: manage clients and their expectations using the most effective channels to ensure clarity of understanding and facilitate clients making informed choices.
Back to Duty
S4: handle points of contact with clients and key milestones in an organised and controlled way to lead the client experience.
Back to Duty
S5: use the principles of law and translate using plain English to provide clarification and explanation of the legal process and standard legal terms.
Back to Duty
S6: organise and manage workflow such as legal files, case management and accounting systems to progress work within service level expectations.
Back to Duty
S7: protect interests of clients to ensure they receive an honest and lawful service.
Back to Duty
S8: manage risk in relation to legal and regulatory liabilities with regards to the client and organisation to satisfactorily discharge all professional obligation and limit exposure to complaints and reputational harm to the organisation.
Back to Duty
S9: manage legal processes adhering to professional, supervisory and regulatory Codes of Conduct.
Back to Duty
S10: deliver a cost-effective service by analysing the financial costs and fees generated by activities to inform good decision making through price transparency. For example operating within the cost-model of the organisation or identifying when fees have exceeded the initial quote and taking mitigating actions.
Back to Duty
S11: apply fraud protection measures and cyber security procedures in relation to transactions.
Back to Duty
S12: undertake “Know Your Client" activities to ensure a clear picture of needs and risks throughout legal transactions.
Back to Duty
S13: provide legal services in connection with sale and purchase and, or, re-mortgage or transfers of equity of residential property including advice and guidance to clients relevant to conveyancing.
Back to Duty
S14: assess legal, regulatory and commercial risk related to sale and purchase, re-mortgage or transfers of equity of residential property.
Back to Duty
S15: review and interpret legal documents related to sale and purchase, re-mortgage or transfers of equity of residential property including land registry file documents, statutory declarations completing documents as required.
Back to Duty
S16: provide legal services in connection with disposal of an estate including advice and guidance to clients relevant to wills and probate.
Back to Duty
S17: assess legal, regulatory and commercial risk related to disposal of estate.
Back to Duty
S18: review and interpret legal documents related to disposal of estate including completing documentation.
Back to Duty
S19: draft legal documents related to probate transactions such as Wills and Lasting Powers of Attorney.
Back to Duty
Behaviours
B1: Accountable for a caseload of fee generating work and the costs incurred to deliver organisational outputs.
Back to Duty
B2: Provides a timely, efficient and legally correct service to generate a positive client experience. Manages professional relationships and resolves conveyancing or probate issues impartially and comprehensively, taking advice where needed.
Back to Duty
B3: Generates solutions to conveyancing or probate problems, considering a range of options and identifying when to escalate when problems are outside their remit.
Back to Duty
B4: Takes an analytical approach to risk in legal transactions ensuring that the client and organisation are protected from financial crimes and cyber-crime.
Back to Duty
B5: Adheres to professional codes of conduct in legal activities and relationships with others.
Back to Duty
Qualifications
English and Maths
English and maths qualifications must be completed in line with the apprenticeship funding rules.
Other mandatory qualifications
Professional recognition
This standard aligns with the following professional recognition:
- Council for Licensed Conveyancers and Probate Professionals for Licensed Conveyancer
- Council for Licensed Conveyancers and Probate Professionals for Licensed Probate Practitioner
Regulated standard
This is a regulated occupation.
Regulator body:
Council for Licensed Conveyancers
Training provider does not require approval by regulator body
EPAO does not require approval by regulator body
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