Estate PlanningMembershipMoney Laundering ID Requirements

4th June 2021Manisha Chauhan2
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As a will writer, you are required to take all reasonable and proper precautions to verify the identity of your client and that the instructions you take come from that person. This is in accordance with the Money Laundering Regulations 2007.

Before you proceed with taking the instructions form the client, you should obtain 2 form of ID from each of your clients. One must be photo ID and the other must be a proof of address.

You should obtain one document from list A and one document from list B

List A – Identity Document

  • Current signed passport
  • Valid UK photo driving licence
  • EEA member state identity card

List B – Proof of Address

  • Valid UK/EU/EEA Drivers Licence – if not used from List A
  • Bank or building society statement
  • Utility bill
  • Council tax bill
  • Mortgage statement

Any document produced for proof of address must be no older than 3 months and must have the client’s current address. A copy of the ID should then be kept with the file so you can show you took steps to identify the client before taking instructions.

With the current situation and remote instruction taking, we understand and appreciate it will not be easy to obtain a copy of the ID. Therefore, you could ask the client to send you a photo of their ID prior to the meeting. Before the meeting commences, ask to see the ID which the client can then hold up to the camera.

Manisha Chauhan

Manisha joined the Technical Advice Team in July 2019 having previously worked as an Employment Solicitor in Warwickshire before relocating to Lincolnshire. Manisha provides advice on technical queries daily and works alongside Siobhan Smith also providing ongoing support on Sure Will Writer.

2 comments

  • Jo Stark

    7th June 2021 at 3:12 pm

    Good Afternoon,

    I work alongside a Financial Services company. They use SmartSearch to carry out AML checks. This negates the requirement to obtain proof of ID and address as the search does that for them.

    Can we use this to verify our clients?

    Reply

    • Manisha Chauhan

      11th June 2021 at 3:22 pm

      Hi Jo,

      You are welcome to use any software to carry out AML checks including SmartSearch as long as it meets your requirements and obligations under the legislation

      Reply

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