Despite being an important legal activity, the business of Will writing is completely unrestricted and anyone can set up in business to provide a Will writing service - even if they have no formal legal qualifications or training.
Given the social, familial and financial dynamics of our modern society it is probably more crucial than ever that people make a properly executed Will that is relevant to their particular circumstances and reflects their wishes by making provision for their loved ones after their death.
The outcome of having an inappropriate, invalid or incorrectly drafted Will by someone who was incompetent can be very serious indeed, not least because problems may only come to light following your death but are likely to impact hugely on your chosen beneficiaries. In extreme cases, beneficiaries have lost out altogether due to the incompetence of the Will writer.
There are certain legal formalities which must be observed when making a Will. In particular it must expressly state that it is your last Will, it must be dated and it must be signed by you in the presence of two witnesses.
From a technical point of view, the Will should deal with the appointment of executors and, if appropriate, the appointment of guardians. Wills must also deal with the disposal of the entire estate and give the executors all the powers they will need to deal with the administration of the estate.
As a solicitor who specialises in advising clients about Wills I have legal knowledge and expertise and I question clients in order to ensure that the Will is tailored to their individual needs and circumstances.
We take time to explore the client’s financial and personal affairs, asking the right questions to identify potential problems and scenarios that may not have been immediately obvious to them. We are experienced in exploring all the options available and addressing these issues with a view to producing a Will that is not unnecessarily complex and that best achieves the desired outcome.
There are major advantages to instructing an experienced solicitor to draft your Will for you. Apart from the legal knowledge that they will possess, there is a whole raft of consumer protection if something goes wrong with a Will drafted by a solicitor that comes with it.
In particular every solicitor is regulated by their professional governing body, the Solicitors Regulation Authority. The solicitor has a professional duty to adhere to a strict code of professional conduct which in itself provides the client with a great deal of consumer protection. Failing that there is a complaints procedure, professional indemnity insurance and a compensation fund to fall back on.
Many Will writers by contrast do not have the requisite level of legal knowledge and expertise, let alone offer the client the same protection that comes with instructing a solicitor. There is no compulsory code of conduct and no professional body to govern them. They are not obliged to have indemnity insurance and there is no compensation fund. They are also completely unregulated.
A number of serious problems have been reported concerning the activities of unregulated Will writers. This has led to mounting concern about some Will writing companies in relation to the quality of their Will writing service and their poor sales practices. It has also led to pressure from the media, consumer groups and the legal profession for regulation.
By wills and probate solicitor, Jill Rushton