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Have you ever thought that writing Wills for a living might just
be the change in career path you have been looking for?
Historically it has been seen by many as an attractive option as
you don't need any formal training and it's completely
unregulated. Therefore you can be open for business from day one!
To a large extent, therein lies the problem.
Following a long period of investigation and consultation the
Legal Services Board (LSB), which has the responsibility of
overseeing the regulation of legal services in England and Wales,
has found that there are 'systemic problems' and
'consistent patterns of sloppiness, simple errors and poor
communication' which often resulted in 'unacceptable
service' in the Will writing industry. The LSB uncovered that
some customers were 'subjected to unfair sales practices'
whilst others were the victims of 'fraud and
deception'.
As a result of their findings, the LSB is now calling for all
providers of Will writing and estate administration services to be
regulated so as to protect consumers from disreputable companies.
Under the proposals the provision of all such services would be
brought within the scope of legal services regulation.
The idea of regulating Will writing and estate administration
services has long been debated and is therefore not a new concept
on the legislative agenda. However, unlike on previous occasions,
there now appears to be a far greater appetite for change.
David Edmonds, the Chairman of the Legal Services Board, said
"Making a Will is something everyone should do. It is one of
the most important actions that individuals take. We all should
have a degree of confidence in those entrusted with the task of
writing our Wills, advising us on the most appropriate actions, and
ensuring that our wishes are carried out. The measures announced by
the LSB today should reassure consumers that they will be more
effectively protected."
Even if the findings of the LSB are accepted, it's reported
that any changes will take no less than 2 years to be implemented.
Therefore if you are planning on making a Will, the most sensible
advice that can be given is do not delay. Make sure you receive
clear and concise advice from your solicitor which truly reflects
your wishes and what you want to achieve.
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.
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A legal services order may be worded so as to provide that it will be for a specified period of time or for the purposes of a specified part of the proceedings.
The case of Hawes v Burgess and another [2013] EWCA Civ 74 is recent Court of Appeal decision reminding Probate practitioners of what steps must be taken to ensure that Wills they draft are upheld.
A well-meaning friend, relative or even a carer of a deceased person may take what they believe are helpful steps to tidy up a deceased’s affairs in the days following their death to pave the way for those who will carry out the administration of the estate.
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