Law Society dossier highlights the unregulated will writers whose errors have seen loved ones left with nothing
We are told that writing a will is vital to secure the future of our loved ones. But many who set out with all the best of intentions, find that what should be a simple act is frustrated by "glaring errors", pressure-selling, and over-inflated fees, according to the Law Society.
It is reckoned that 30 million people in Britain do not have a will and ? given that if you die without one, you leave those closest to you at the mercy of the intestacy rules ? it might seem any is better than none.
But the Law Society has compiled a dossier of 140 complaints to support its case for a clampdown on unregulated will writers.
Anyone can set up as one without qualifications, compensation schemes or professional indemnity insurance ? as they do, time and again. In one case "a glaring error" meant the family house would have passed to the wrong beneficiary. In another, some �12,500 of legal fees were wasted on an unnecessary dispute between four daughters and their mother's ex over whether all, or part, of the mortgage, had to be paid from the deceased's estate.
Exorbitant "hidden" fees are commonplace: a �29 will came with a �600 "storage" fee, another with �1,000 (often lawyers don't charge for storage).
A recurring theme was basic drafting errors ? the spouse of a beneficiary witnessing the will, or where the husband had signed the wife's will and vice versa ? invalidating the specific bequest in the first instance, and the entire will in the second. Another feature is companies disappearing or going bust, with wills lost and families left without redress.
There are numerous instances of inappropriate hard-sell techniques. "One elderly gentleman sat through hours of conversation with a 'consultant' who wouldn't leave until he had a cheque for �700 for a will and lasting power of attorney, even though he hadn't asked for one," reports one lawyer. The man received "a barrage of calls" when he cancelled the cheque.
The Law Society is calling for will writers to be regulated in advance of unprecedented liberalisation of legal services, likened to the "Big Bang" deregulation of financial services in the 1980s. Cut-price, or even "free", will writing services are likely to be increasingly offered as market entrants encroach into the territory of traditional high street firms.
Sue Medder, a partner at the law firm Withers and co-presenter with Sir Gerry Robinson on the BBC series Can't Take It with You, which examines the problems of people dying intestate, says: "A will is one of the most fundamentally important documents you'll have to make. It's not something that you want to cut corners on."
Lawyers for charities, which lose out on legacy income when wills are disputed, share her concerns. Fiona Wilson, a partner at the law firm Hempsons, acts for charities including Arthritis Research UK. "Costs clearly are an issue, but this is a very important document. It is highly unlikely that one can ascertain enough about a family's finances, particularly where there are children from more than one marriage, draft an appropriate will, and make sure the client understands everything about it, for �50."
However, as Stephen Mayson of the Legal Services Institute points out, wills could be "the frontline" of the newly-competitive world. "Providing a user-friendly, consumer-focused, and affordable ? or even free ? service could well be a compelling proposition and, given how few people have one, a very welcome innovation."
While the Law Society will "inevitably be accused of protectionism", Mayson backs calls for regulation, although the model "doesn't have to be confined to those who are already legally qualified". It is a view echoed by the Institute of Professional Will Writers, the self-regulatory body whose members have to be qualified, have insurance and comply with an OFT-approved code of practice.
Many consumers have adopted a DIY approach. Legal publisher LawPack claims to have sold more than a million "kits" which cost less than a tenner.
Online wills, where you download a template, can "easily end up in disaster", says Grahame Cohen, founder of the legal IT company Epoq. The user may not "dig deep enough, nor adequately amend clauses, to reflect specific circumstances", he says. In contrast, Epoq has developed automated systems which "effectively interviews the customer in depth and constructs appropriate clauses to reflect their circumstances".
However, online wills "do not need to be about price, and cheaper does not have to compromise quality", says Alistair Cree, managing director of DPL, a company that provides the will-drafting systems used by Which?
Source: http://www.guardian.co.uk/money/2011/apr/17/beward-cut-price-will-offers
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