Will writing: the importance of using a solicitor
New regulations for will writing services in England and Wales are being proposed after research from the Legal Services Board (LSB) showed that 20% of wills contained mistakes.
Currently will writing remains an unregulated market, which leads to the concern that it could potentially be open to abuse. The Law Society warns that 'consumers risk everything if they allow an unqualified and unregulated will writer to have full control of their estate assets'.
Writing a will is an important decision, both personally and financially. With many businesses offering will writing services it is tempting to select the services of a party other than a solicitor. There are however many reasons why this could prove to be a risky move and lead to future complications and greater expense.
Making a will allows you to control how your assets are dealt with on your death. This is important not only for the maker of the will, but also for those left behind. Solicitors are trained in will drafting so that they are able to create a will that will carry out your wishes and talk you through the options that will best achieve that. There is no guarantee that non-solicitors have received any training whatsoever and problems in will drafting can have profound repercussions for the bereaved. It may not be possible to rectify mistakes and very costly to put right those which can be corrected.
Another consideration whilst making a will is effective tax and financial planning. Only a trained solicitor can give you the peace of mind that the service you are paying for is fit for purpose. Errors, mistakes and ineffective drafting by untrained will writers can lead to a loss of protection financially for the estate as provisions are rendered void. The Legal Ombudsman only has the power to act on complaints from those who have used the services of a qualified solicitor, there is no recourse for those who have been let down by another service provider.
Solicitors are regulated and are required to have adequate insurance in place for the protection of their clients. There are no such requirements for other will writing service providers. Anyone may set up a professional looking websites and offer their services as a will writer without any protection in place for their clients. Another consideration is the safety of your will, businesses may close or become insolvent and the will may be lost or destroyed. The Solicitors Regulation Authority will intervene to ensure the safety of your will if a solicitor were to close.
Matthew Evans, Partner at Hugh James solicitors commented "With no regulation in place, the only way to make absolutely sure that your will reflects your wishes is to employ the services of a solicitor. This ensures peace of mind for yourself and your loved ones."
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
