Wills Warning

23rd Aug 2010

Legal professionals in the North East have backed warnings about will writing services, particularly those that may prey on the elderly.

Research has shown that many people believe a ‘will writer’ is a solicitor when in fact they do not have to undergo any training or have insurance and are not regulated.

The problem was highlighted in a recent BBC Panorama programme and now solicitors in the North East have raised concerns about how vulnerable people may be affected.

The television documentary showed how lack of regulation has enabled some 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 resulting in excessive fees which often come to light only after the person has died.

Helen Biglin, a partner at regional firm BHP Law and head of the wills trusts and probate division, has warned that will writers may also try and sell other services without full advice, such as transferring property into a trust in an attempt to avoid care fees.

Terms and conditions may also be poorly worded and difficult to understand.

A survey commissioned by The Fellowship of Professional Will writers and Probate Practitioners of more than 1,000 people revealed that 82 per cent assumed that training and qualifications are required before someone can become a will writer.

Helen said: “The programme highlighted the potential for getting it wrong without full legal advice as well as the need for proper regulation of will writers.  Many do not have adequate insurance and there is no access to an ombudsman or an independent  complaints panel.

“Mistakes can be very costly to undo after a person has died, which is often only when problems come to light. It can leave families in disarray.”   Solicitors often find themselves having to put things right when such problems could have been avoided if proper advice had been obtained to begin with.

The fear of legal costs may still prompt some people to use will writers.

However recent research by the consumer group, Which? found that the average fee for a will drafted by a solicitor was less than £150 (generally including fee storage) compared to £107 plus storage fees for a Will writer.

Helen added: “Solicitors are required to set out in writing the basis of their charges and in many cases wills are undertaken for a fixed fee.  Solicitors are also full regulated and insured.” 

BHP Law offers a full range of legal, financial and planning solutions for individuals and businesses from offices in Newcastle, Durham, Darlington, Stockton and Halifax. For more information visit www.bhplaw.co.uk