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‘Watch your will writer' urges Law Society

With New Year's resolutions springing up across the nation, the Law Society has called for one resolution to become universal; make sure your will is lawful.

Over half the population are yet to make a will and the New Year may seem as good a time as any to sort out family matters. But be warned, a significant proportion of wills created in the coming months are likely to have been written by unqualified will writers, leaving individual's open to further anguish if a death unfortunately occurs.

Paul Sharpe, Chairman of the Institute of Professional Will-writers, and the Law Society have pleaded with the public to make sure they approach local solicitors and those professionally qualified to handle will writing.

"Rarely does a day go by without the Institute of Professional Will-writers receiving a telephone enquiry from a member of the public, trying to trace a will that has been written by a will-writing firm that has disappeared," said Mr Sharpe.

"The best case scenario is that the enquiry is from the person who made the will. The worst case scenario is that the enquiry is from a relative of a deceased person who is trying to trace the original will. The expense, hassle and consequences of intestacy await them."

The Law Society has announced that commercial will writing may become a regulated practice, meaning individuals will still be able to write their own wills but commercial organisations will be forced to legitimise their practices.

"What we would like to see is that will writing and administration of estates become reserved legal activities which means only those qualified and regulated can do it," said Russell Wallman, Director of Government Relations at the Law Society.

The public are being urged to approach their local solicitor for help with will writing and trust that regulation and years of high-quality service mean that, when death unfortunately occurs, further pain can be avoided.

"The difference between a solicitor and a will writer is that they are legally trained, robustly regulated and are covered by indemnity insurance, which provides recompense to clients," advised Law Society President, Robert Heslett.

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