A law firm is backing the calls for stricter regulations to be placed on will-writing.
The Legal Services Board Consumer Panel recently requested evidence on whether the process should become a regulated service and received 380 case studies from professionals and members of the public in favour of the move.
And John Rouse, a partner in the Wills, Trust and Tax department of Leamington Spa solicitors Wright Hassall, feels this can only be a good thing both for the legal community and the general public.
Rouse said: “Will-writing is a boom area within the industry at the moment so it is important that it is well regulated.
“Combined with such a rise in prominence in will writing over the last couple of years is the large increase in those trying to challenge wills and this is where regulation could be most effective.
“As society becomes more litigious, the circumstances under which a will is made are very important - anyone looking to make a challenge against a will can now call to see the file and circumstances under which the will was drafted, making the process of challenging wills more organised and accurate.
“Therefore even greater care has to be taken in making a will, not only to ensure it reflects the client’s wishes but that the circumstances under which the will was made are correct and documented.”
The importance of making a will and the importance of specialist advice has been highlighted in the new BBC television series "You Can't Take It With You" which shows common situations which require considerable thought and planning.
The first few programmes have highlighted situations such as second marriages, business owners, farming families and sharia law issues. The programme has shown that these problems can be solved using well thought out estate planning from a properly qualified and regulated will writer and estate planner.
The call for regulation follows last year’s introduction of a new code of practice for non-lawyer will-writers which was deemed ineffective by those within the trade.
But Rouse is hopeful that these changes can be useful.
“We currently find ourselves in a situation where people who really aren’t suitably qualified to do so are permitted to draft wills,” he said.
“Even when the will is drafted correctly it is often under the wrong circumstances which could give rise to a potential claim.
“As the current television series shows, the need to make a will and to do it properly is crutial. Failure to do so can cause significant problems and increase the likelihood of a possible claim or challenge.
“Regulation is long overdue as those organisations drafting wills should be suitably qualified and satisfy requirements not only for their knowledge and skill but also the robustness of their procedures, adequate insurance and after care.”
