Latest News

Power of Attorney should be made at the same time as the Will, says the Government
The Law Commission has published a consultation paper setting out proposals to amend the law of intestacy and family provision claims in England and Wales. The most controversial topic discussed in the paper is whether cohabitees should sometimes be granted a legacy. The Law Commission recommends that there should be an automatic entitlement after two years of cohabitation.
The Law Society has collected a sheaf of case studies showing that unregulated will writers are a severe risk to the public.
Lord Hunt's report on regulation of legal services, published this week, urges regulators to restrict will-writing and probate work to qualified lawyers.

» view news archive

Law Society inveighs against "nightmare" of unqualified will-writers

The material was collected from members of the society's Probate Section. Members submitted tales of shoddy wills that leave the deceased's estates wholly or partially intestate, or which include poor tax planning. One submission described a will-writing company being wound up and disappearing with all their clients' will documents. Some firms advertised low-cost wills but later presented a much larger bill, typically padded by storage fees.

Law Society president Robert Heslett warned of a "widespread trend" of "nightmare wills by will writers, many of which are not worth the paper they are written on." He noted that some will writers have no indemnity insurance, so the client has no redress for an improper or invalid will.

The society wants will-writing to be restricted to qualified law professionals. Earlier this month it welcomed a report by Lord Hunt of Wirral recommending that the next Legal Services Bill should bring will-writing into the regulatory net.

The report outlining the society's case study research is due to be released shortly.

Sources: Law Society, Law Gazette

Quick Enquiry