Overwhelming public support for regulation of will writers – Law Society Press Release
Tuesday, March 4th, 2008
Tuesday 08 August 2006
Eight out of ten people want the government to protect them from untrained and unregulated will writers, according to a new survey.
An ICM poll found that 85 per cent of adults believe that everyone offering will-making services should be properly regulated.
A growing number of people are being exploited by people claiming to be experts in will writing. The Law Society has today published a Dossier of despair to illustrate the risks of using unregulated will writers.
High level support for regulation also came from the Joint Committee report (of Lords and Commons) on the draft Legal Services Bill. It recently recommended that will writing should be regulated.
Fiona Woolf Law Society president, said: ”There is clearly a consensus for regulation and evidence to support the extent of the problem. There are some dreadful examples of poor advice, shoddy service and unethical behaviour by will writers. A poorly drafted will may have no legal meaning and can leave families in real difficulties.
”The government must ensure that will writers are properly qualified, insured and able to offer consumers effective complaints-handling procedures. Solicitors who draft wills are trained, regulated and required to be insured by the Law Society should anything go wrong.”
The survey also reveals a worrying statistic that only 41 per cent of the adult population have an up-to-date will and about one-third of respondents (32 per cent) said they have no intention of ever making a will.
Ms Woolf added: ”Writing a will is one of the most important financial and personal decisions for people to make. This survey reveals a worrying level of complacency and the need for the public to be educated about the importance of making a will.
”If you care about what happens to your property and assets after you die, you must make a will. Without a will, the state decides who inherits your estate, so your friends, relatives and favourite charities may get nothing. If your circumstances change, your will must be updated or it may be invalid.
”It is also vital to see a solicitor for expert advice so your family can avoid paying unnecessary levels of inheritance tax. Recent changes to the inheritance tax regime mean that it is more important than ever to obtain a solicitor’s advice on wills, tax and trusts planning.”
Example case study
An old lady found a will writer who was advertising in the local newspaper for wills at £24 each.
She wanted a will so that her son would not inherit anything, as she had not been in touch with him for 20 years and he had stolen from her in the past. Instead, she wanted her long-time carers to inherit her estate.
She died in hospital, and her son immediately emptied the house when he heard the news. He found the will that said that he was to inherit nothing, but was told the will was invalid because the witness signatures had not been signed together and there were other mistakes with the will. He inherited everything, and the lady died intestate.
The carers organised and paid for the funeral; the son did not attend. The carers are now using a solicitor to try to recover what is rightfully theirs. Because the will is invalid, they cannot get anything. They are now trying to sue the will writer, but he has no insurance, and their claim is likely to be dropped due to the fact that they can’t afford to take it further.
This is a press release from the Law Society
Source: http://www.lawsociety.org.uk/newsandevents/pressreleases/view=newsarticle.law?NEWSID=296195
July 25th, 2008 at 8:52 pm
Dear Sir / Madam,
The Will Writers should not be regulated, but outright banned. They capitalise on peoples ignorance. I have never known that Will Writers are not part of Legal Profesion, and I am sure that there are many like me. I would have nice story to tell if I had the oportunity, fortunatly I have discovered it in time so I’ve lost only £860. It would have caused calamity if I dyed and left the will made by one of so called Will Wriers.
Kind regards
M. Foreman
July 28th, 2008 at 2:27 pm
Dear Certainty,
I totally agree with M Foreman and don’t think they should be regulated – get rid. Why do the Law Society allow this to happen to the public. You should be qualified to write a will (solicitors study for 5 years) an unregulated will writer can do it in hours. My poor mother was totally fooled in her own home and it cost £400 for the services – a £100 will turned into a hard sell from someone who evidentially doesn’t know how to write a will. Use Certainty and find a local solicitor who writes wills and then register it. Don’t pay to store it in some will writers shed!!!
J Spencer
July 28th, 2008 at 2:29 pm
Dear Mirjana,
We would really like to hear more about your story and give you the opportunity to voice your concerns about the will writing industry.
If possible our press office would like to call you for the full story.
Kind Regards
Mark Bradley
MD Certainty
0845 408 0404
July 28th, 2008 at 9:02 pm
Dear Mr. Brown,
thank you very much for taking interest in my story.
I would like very much to tell you all about it, please call me on 0**** *** ***.
I am in most of the time, but please leave the message in case I am out.
I will call you back.
Thank you.
Kind regards
M. Foreman
July 6th, 2009 at 6:13 pm
I would like to point out that:
1) Not all solicitors are trained and qualified in Wills. Wills is an optional subject on the Legal Practice Course – and many Law Degrees and even those that do study Wills then don’t need to do any further training in the subject.
2) If solicitors were so good at their job, there would be no need for willwriters – qualified, unqualified, regulated or unregulated.
Not all willwriters are cowboys, but some are – and not all solicitors are saints, some are cowboys.
May 4th, 2010 at 3:21 pm
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