Do You Know Who Is Writing Your Will?

Writing a Will

In her latest blog, Head of Wills and Probate, Jo Robinson asks “Do You Know Who Is Writing Your Will?”

Who Can Offer Will Writing?

Unfortunately, there is no sector-specific regulation that covers Will writing and so anyone is able to offer this service.

As Will writing is not a “reserved legal activity”, it can be conducted by individuals who are unregulated and lack the necessary knowledge and expertise.

Unfortunately, I see a great number of clients who have used a Will writing company (often offering Wills for a cheaper price) to prepare their Will. These Wills are often littered with legal errors or simply do not reflect the client’s wishes.

Regrettably, the client has sometimes passed away before the Will could be re-written, which often makes the administration of the estate more complicated.  On occasions, the Will writing company has closed or gone into administration. This leaves their customers in the lurch. An example would be the infamous Will Writing Company which went into administration in 2018.

Will Writing – What To Be Aware Of

Clients need to be aware of companies promising that they can protect all of their assets from care fees, subsequent marriages or money grabbing in-laws by placing the assets in trust during their lifetime.

If you are tempted, please ensure that you find out all the facts before signing up. It is surprising how many unknowing clients have given their house away and paid thousands for the privilege!  Better still, use a reputable law firm such as Timms, who are strictly regulated.

Of course, not all Will writers are rogue. However, you should check that they are registered with a regulated voluntary body. This could include the Society of Will Writers or the Institute of Professional Will writers.

It should also be checked that the company has professional indemnity insurance in place. Just in case things do go wrong.

If you have any concerns, or if you would like information regarding Wills then please contact me Jo Robinson at j.robinson@timms-law.com or on 01332 364436. Alternatively, visit the Wills and Probate section of our website.

 

 

Jo Robinson

September 2021

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