'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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