The Ministry of Justice has confirmed that, despite a report from the Legal Services Board finding that "
There is consumer detriment in the will writing market, and that the reservation of will writing activities [...] could address this detriment" they will not be changing the rules to make will-writing a "Reserved Activity" (one which can only be carried out by someone who is properly qualified and authorised)
Because will-writing is not currently a reserved activity, there are many organisations which offer will-writing services which may not have the appropriate knowledge or expertise, leading to serious problems.
At worst, unregulated will writers may lie about whether they are regulated or insured, may steal from their clients, or may simply fail to take into account what the person making the will wants or needs, leading to invalid wills or wills which don't have the effect intended.
One very common problem is that of disappearing companies, where the will writer or will writing company goes bust or disappears, leading to wills being lost, or to customers left with nowhere to turn to resolve problems. (if a will is held by a solicitor, then even if the solicitors firm were to go bust, the Solicitors Regulation Authority would step in to ensure that important documents are kept, and to provide insurance cover against negligence)
All of these problems can leave consumers with hefty bills to put things right.
The Law Society has called for will writers to be properly regulated, so that consumers are protected from fraud and incompetence. A petition calling for proper regulation, by making will-writing a reserved acticity, has been set up
here, and we encourage you to consider signing it, to help raise standards across the board.
If you would like help or advice about making a will, estate planning or to help with dealing with the estate of someone who has died, please contact
James Hollis or
Darrell Collins who will be happy to help.
