Why you should not risk using an unregulated Will Writer

Many people are unaware that anyone can operate as a will writer and sell wills. As such, will writers are not required to adhere to guidelines; they can and do operate without any training, and are free to sell wills without any consumer protection such as professional indemnity insurance.

The drafting of a will can engage complex and legal financial areas, often involving technical issues of tax, trusts, and property rights. There is no doubt that drafting a will is a complex activity and should not be done without training and knowledge in this field. What may seem like a straightforward will instruction may turn out to be much more complex once the correct questions are asked of the client.

“Uninsured”
“poor quality drafting”
“dishonesty”
“fraud”
“significant costs”

Examples of common include poor quality drafting, dishonesty, fraud, and significant costs.  Many examples related to unregulated will writers charging more than advertised with the final costs being sometimes over a thousand pounds!

Lack of clarity and accuracy can lead to family fallouts and potential claims. Most mistakes or defects in wills are not found until after the client has died. Problems in the drafting of a will have the potential to cause the most profound repercussions for the bereaved, who may be left with significant costs to resolve problems, be prevented from benefiting from the person they have lost, and be faced with an uncertain and difficult task to seek redress at a time of great emotional difficulty.

Solicitors are regulated by the Solicitors Regulation Authority, ensuring that a quality service is provided and that solicitors are acting only in their clients’ best interest at all times. Solicitors must satisfy a professional skills standard as part of their initial training. The wider legal training and expertise of solicitors brings additional benefit to a client, which is further bolstered by ongoing professional development training for all solicitors.

A solicitor will make clients aware of many related issues raised by a will, such as tax, trusts and tenancies. If a client is unable to resolve a complaint about the level of service they have received from a solicitor then they may refer their complaint free of charge to the independent Legal Ombudsman, who holds formal powers to resolve it. If a solicitor prepares your will then you can be assured that they are regulated and insured.

At Kew Law LLP we will review your Wills free of charge. Our Private Client team have considerable experience in drafting all types of wills and can ensure that your Will is tailored specifically to your requirements, taking all the stress and uncertainty out of the process.