Under Consumer Duty you remain responsible for outcomes across the distribution chain. The FCA’s own guidance says firms cannot delegate any part of their Duty to third parties. (In other words, you can refer to a third party but doing so doesn’t alter your ultimate responsibility for the client’s good outcomes.) You must have proportionate oversight and be able to evidence outcomes delivered via those partners.
The FCA also has clear investigation and enforcement powers. It has recently refreshed how it runs investigations, underscoring that firms should expect scrutiny and be ready to show their files.
What this means in practice:
- Ask about Will status and life events, Act with a qualified referral, and Evidence lawful confirmations (review completed, next review due, Kinvault activated). You don’t need Will contents to meet your obligations, and by law we can’t share them with you anyway.
- Vet your partner: use STEP-qualified specialists like Kinherit, keep a short due-diligence note, and retain the status updates you receive.
That way, if questions ever arise, you can show what you asked, what you did, and what happened next. This is the standard the FCA expects under the Duty.
FCA Enforcement Guide