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Will Writers Exposed - A Public Wake Up Call

16th August 2010

Many will writers allege they are cheaper than a solicitor and on the face of it, appear to offer the same services when it comes to producing a last will and testament in accordance with a client’s wishes. However, the Panorama documentary 'Wills - The Final Rip Off?', shown on BBC One on Monday 9th August contradicted those claims, highlighting the potential risks involved in using a will writing service, as well as the hidden costs.

Unfortunately, some people are under the false impression that ‘will writers’ are actually solicitors - a dangerous misconception. Unlike solicitors, with will writers there is no control over the training that they receive, they do not have to have proper indemnity insurance, nor is there any compulsory regulation enforced by a government body which ensures that they conduct their activities in the interests of the client and provide some form of redress if things go wrong. If they go out of business, there is little that can be done; sometimes the will cannot be located even where charges have been made for storing it.

The lack of sector regulation has enabled many will writers to adopt high pressure selling techniques, which was illustrated in the programme. Often will writers offered wills for a low or discounted fee, and then recommended themselves to be appointed as executors, selling other services without full advice, such as transferring the home into a trust in an attempt to avoid care fees. It was also revealed that terms and conditions were sometimes poorly worded and difficult to understand. In secret filming undertaken by the BBC for the programme, an elderly couple were not told the details of charges which were confusingly set out in writing.

Panorama highlighted a case where Jeanette Warren and her partner were told that a basic will would cost them approximately£30. They were sold a will package which was supposed to protect against care home fees. Quickly the fees spiraled out of control and the end the actual cost to the couple was £1700. The ‘not so cheap wills’ turned out to be badly written and did not in fact include the true wishes of Jeanette and her partner.

David Whitworth, Partner at Mowbray Woodwards Solicitors said: "Sadly we have witnessed the shocking financial pitfalls that have faced some unsuspecting clients who have used will-writers in the past. They can be immensely costly to undo, and can leave a family in disarray after the loved one has died, which unfortunately is usually only when issues come to light

If clients use a solicitor from the outset, not only can they offer the correct legal advice as regulated and trained professional legal advisors, taking into account the client's domestic and financial situation, but they can also advise on other services such as the creation of trusts, transfer of assets and powers of attorney.”

For some, the fear of solicitors’ costs prompts the use of will writers. However, the regulating body in England and Wales, the Solicitors Regulation Authority, demands that all solicitors’ firms operate a transparent fee structure, setting out in writing the basis of their charges and that they always act in the best interest of the client.

David Whitworth commented; “Wills and estate planning are complex areas of law. It is vital that clients are given the right advice otherwise key issues may be missed, which could be detrimental in the long term. We also recommend that clients regularly review their wills to take into account any changes in financial or personal circumstance to ensure that they and their loved ones are fully provided for.”

Mowbray Woodwards Solicitors specialise in wills and estate planning, if you would like to talk to an expert, please telephone 01225 485700 to arrange a free initial appointment.

For further information on any of our news stories,
please contact Katie Vander Woerd.