Rachael Halling-Brown, Wills, Trusts and Probate solicitor at Mowbray Woodwards, talks about the pitfalls of Will writers and explains why you should use a solicitor to draft your Will.
Did you know that anyone can set up as a will writer and charge for the service? At present there is no industry wide regulation for will writers. Many have simply completed a few hours’ training before setting up as ‘experts’ in the preparation of wills and other related services, such as the preparation of powers of attorney.
A recent survey showed that 67 per cent of consumers wrongly believe that all will writers are solicitors; 82 per cent of the 1,000 people polled thought that training and qualifications are required before someone can become a will writer. The Law Society has been calling for urgent regulation of will writers to match that of solicitors in order to protect the public. There are good will writers out there, but how do you know which they are? With some only having a basic understanding of wills, they may not appreciate the complexities of tax planning, trusts and other associated areas. Without this knowledge they may be unable to give proper advice on your estate planning.
Many people may be attracted to using a will writer because of low rates. This in itself may be an indicator of the level of expertise on offer. There have also recently been many reported instances of will writing companies going out of business. This can cause problems if you had a will stored with them as there may be nobody responsible for the company and the documents stored by it following its demise. A Berkshire will writer was recently jailed for fraud and the wills he stored on behalf of clients were found in his airing cupboard at home.
Making a will is a decision which could have major implications for your family when you are gone. Consider carefully whether you want complete assurance that you are receiving the best possible service and advice when preparing your will. All solicitors have professional qualifications and are stringently supervised by the Solicitors Regulation Authority. They have liability insurance and offer a broad range of legal knowledge across other associated areas such as property and tax planning. Solicitors will also offer services such as free secure storage of your will. In many cases will writers will charge an annual fee for this.
Mowbray Woodwards welcomes the recent recommendations of the independent Legal Services Consumer Panel that will writing should become a regulated activity so as to better protect consumers. This follows a 10-month investigation into the provision of will writing and other related services which included mystery shopping and interviews with consumers who had recently made their wills. Under the panel’s proposals, all providers would have to demonstrate they are competent to write wills, follow a code of conduct and allow complaints to the Legal Ombudsman.
While the panel recommends that a relatively free market in will-writing services should remain, it recognises that there is mounting concern about the impact of the current free-for-all on consumers. Until regulation is in place you may wish to avoid these risks and use a solicitor to draft your will.
If you have any queries about your will or wish to prepare one then please ask to speak to a member of our Wills, Trusts and Probate department on: 01225 485700.