Contact Details:
Name: Laura Clark
Tel: 0115 947 1533
E-mail: lclark@fraserbrown.com
Unregulated Will Writers
Fraser Brown Solicitors is advising people to be wary of using unregulated Willwriters after a survey showed that 67% incorrectly believed that all will writers are solicitors . This week the BBC"s Panorama programme also highlighted the risks in using a will writing service.
In fact, there is no formal training or qualifications needed to become a Willwriter and many are not insured or regulated.
Laura Clark, Solicitor in Wills and Probate at Fraser Brown, said, "Many people do not realise there is a difference between a Willwriter and a solicitor, which can mean they think they"re paying for legal knowledge and expertise when they"re not.
"Even if they do understand the difference, many people still do not appreciate that the lack of regulation that Willwriters are subjected to means that they will have very little means of redress should something go wrong. If a Willwriter goes out of business there is little that can be done - sometimes the will cannot be found, even if charges have been made for storage."
The Office of Fair Trading recently approved a new code of practice for members of the Institute of Professional Willwriters (IPW) however this has been criticised for not going far enough. Applicable only to members of the IPW, it does not provide sanctions for misconduct and there is no contingency plan if the Willwriter goes bankrupt.
Laura added, "There is still nothing to stop unscrupulous Willwriters charging consumers overinflated prices for wills that are badly written. Poor drafting of a will can result in it being invalid or resulting in large and unnecessary tax bills for beneficiaries.
"There can also be a lack of transparency regarding the costs involved. While it may look cheaper to use a Willwriter, there are often add-ons and additional charges which mean you end up paying more. All good solicitors should give a firm estimate of costs at the beginning, so there should be no surprises."
Research by the consumer group Which? found that the average fee for wills drafted by a Willwriter was £107, compared to £130 for a solicitor.
"This is one of those instances when you really do get what you pay for", concluded Laura. "Solicitors have years of specialist experience and training on all aspects of will writing so they are able to provide a well-written will that takes people"s financial and domestic circumstances into account. The slightly higher price is tiny compared to the thousands that it can cost to undo a badly written will after a death."
For further information regarding wills and probate contact Laura Clark on 0115 9471 533 or email lclark@fraserbrown.com