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What is a Reserved Instrument Activity?

Posted on the 18 November 2015 by Jason Cherrington

Resrved Legal Activities

Wills FAQ Book
The Legal Services Act 2007 states that certain legal services activities can only be carried out by providers that are regulated by approved legal service regulators that are monitored by the Legal Services Board

These activities are known as reserved instrument activities, currently there are six legal services activities that are reserved by the act, they are:

The Exercise of a Right of Audience

The right to appear before and address a court, including the right to call and examine witnesses.

The Conduct of Litigation

The issuing of proceedings before any court in England and Wales, the commencing, prosecuting and defending of those proceedings and the performing of any ancillary functions in relation to those proceedings.

Reserved Instrument Activities

Preparing any instrument of transfer or charge for the purposes of the Land Registration Act 2002, making an application or lodging a document for registration under that Act; and preparing any other instrument relating to real or personal estate for the purposes of the law of England and Wales or instrument relating to court proceedings in England and Wales.

Probate activities

Preparing any probate papers for the purposes of the law of England and Wales or in relation to any proceedings in England and Wales.

Notarial activities

Activities which immediately before the day the relevant section of the LSA came into force, were customarily carried on by notaries under the Public Notaries Act 1801

The administration of oaths

Exercising powers conferred on a commissioner for oaths under the Commissioners for Oaths Act 1889; the Commissioners for Oaths Act 1891; and section 24 of the Stamp Duties Management Act 1891.

Anybody who is not authorised to carry out reserved legal activities that does so is likely to face both a fine and a prison sentence.

Non Reserved Legal Activities

Not all legal services activities are regulated, for example Will Writing and Estate Administration, Trusts written within a Will, Legal Advice and Powers of Attorney are all non reserved activities.

It is therefore very important to make sure the provider of any non reserved activities that you choose is a member of a self regulatory body, holds a minimum of 2 million pounds of professional indemnity cover and offers a transparent fixed fee service along with free initial advice.

Related Links

Legal Services Board
Make A Will

Catagory: Will Writing

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