OSG backs Consumer Panel call for will writing to be regulated

The Legal Services Board’s [LSB] Consumer Panel has thrown its weight behind the Law Society’s campaign to ensure that all will-writers should be fully regulated, echoing an earlier report by the Society of Trust and Estate Practitioners (S.T.E.P) on the issue.

Clare Love, wills expert and member of STEP says: “We welcome this move by the Consumer Panel. We have always believed that anyone who writes a will should be properly qualified, and have indemnity insurance in place. Client protection must be a priority.”

Two thirds of respondents to STEP’s report had come across hidden fees that were not outlined in the stated price for a will, and 63% had direct experience of cases where will writing companies had gone out of business and disappeared with their clients wills.

Solicitors are required to be covered by insurance, are subject to a strong complaints and disciplinary process, and a compensation fund exists to ensure that consumers using solicitors do not lose out.

Incompetence in will writing can sometimes lead to additional tax bills, protracted litigation and family disputes, particularly where the terms of the will are unclear. Consumers who pay to have something as important as a will made out should benefit from the protection and expertise afforded by solicitors who specialise in private client work of this sort.

Clare comments: “We are delighted that the Consumer Panel has recognised the seriousness of these concerns and we believe the Legal Services Board should implement, as soon as practical, arrangements to make will writing a regulated activity.”

If you feel you may need advice Oglethorpe, Sturton & Gillibrand can advise you on the latest law in this field. Call Clare Love on 01524 846846 for further information.