Solicitors for the Elderly fears thousands of people are putting themselves at risk of being cheated by unscrupulous salesmen who offer to write their wills but who are not adequately qualified, trained or insured.
Last month the UK’s Legal Ombudsman highlighted dangers of using Will writing companies to Make Wills. This week The One Show also called for Will writing to be regulated to protect the public. A recent survey showed that 67% of consumers wrongly believe that all Will writers are solicitors and 82% of the 1,000 people polled thoughts that training and qualifications are required before someone can become a Will writer. In fact anyone can write a Will for payment.
Jenny Pierce, Head of Wills, Wealth & Mental Capacity at Wards Solicitors, said, “Many people are under the false impression a ‘will writer’ is a solicitor, but unlike a solicitor they do not have to undergo any training, have insurance, and are not regulated by any organisation which ensures that they conduct their activities in the interests of the consumer and provide some form of redress, if things go wrong. If they go out of business, there is little that can be done – sometimes the will cannot be found, even where charges have been made for storing it.
The lack of regulation has enabled many will writers to adopt high pressure selling techniques, often offering wills for a low or discounted fee, and then recommending themselves to be appointed as executors, selling other services without full advice, such as transferring the home into a trust in an attempt to avoid care fees. Terms and Conditions can be poorly worded and difficult to understand.
The fear of solicitors costs, prompts some people to use will writers. Solicitor’s are required to set out in writing the basis of their charges, and in many cases wills are undertaken for a fixed fee with free storage of wills and other documents.
The potential for getting it wrong, without full legal advice, is huge, hence the need for proper regulation of will writers. It can be very costly to undo after you have gone and can leave your family in disarray when they have to pick up the pieces as problems generally only come to light when you have died.”
Jenny went on to support the views of Solicitors for the Elderly by saying, “We need new regulations to help protect the consumer, particularly older and vulnerable people. We’re proud to be members of Solicitors for the Elderly and promote responsible practice within this important area.”
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