Undercover probe into will writing finds 'shocking' practices

No kidding?

Oh shock horror, what a surprise! What do you expect when any old double glazing slaesman can turn to will writing for a bit of extra bunce money? Most IFAs that I know will only act for clients if they have a proper will in place drafted by nothing other than a fully qualified solicitor

Posted by: Harry Katz

where there's a will

"Although the sample was small". Lawyers love a battle and 'do gooders' feed them the ammunition. There is an inherant problem with articles such as this and it lies in that opening quote from those promoting the problem - "the sample was small". The article should not have been given any crediblity, on that statement alone. Back in 1994 I took the Consumers Asssociation to task for the same shameful practice, sample sizes of 28 and 36 accompanied by damning comments and spurious statisical value. When will journalists realise that the damage done by articles of this nature is of far more significance than the "so called" 'problem' that they seek to highlight. Getting clients to create any sort of Last Will and Testiment is difficult enough. Enduring powers of attourny, once simple 'cheap' and effective forms of self preservation are now in the firm grip of government and lawyers at unattractive premium costs in time and money: the cause? Small samples and gullible novices listening to avericious lawyers and reading irresponsible jounalistic hype. Get a grip on sample size: 38 from a population of 50 million adults (or whatever paultry figure they used) is simply unacceptable evidence of gross misconduct; which is implied here. And Harry, you should be ashamed of your comment.

Posted by: Terence P O'Halloran

ALL WILL WRITERS

It's not just Will Writers some fully qualified Solicitors offer a very poor service. One client I saw had lost out on £35K because the Solicitor's practice could only find the first page of a perfectly valid will. The rest they had lost!! The will was therefore succesfully declared void and the deceased declared intestate, so my client lost out! As a member of STEP as well as being an IFA, I have seen some very poor wills by Will writers and Solicitors. The whole matter of Wills needs tightening up.

Posted by: FemaleIFA

Wills

Thats rubbish, Harry. The temptations caused by solicitors putting themselves as executors is more important than over-charging fly-boys. If someone over-pays it is their own responsibility; but they are defenceless against sharp solicitors.

Posted by: TP

Regulate this market

As an IFA I am also a Will writer being a memmber of the Society of Will Writers. It does, however, scare me to death when you see people who have no formal training being able to go into peoples homes and arrange Wills for sometimes huge sums of money then producing poor quality Wills. Important note however if you have the title Solicitor is doesnt mean you write good quality Wills. Lets make sure who ever writes/sells Wills are trained to do the job hold PI insurance and lets make sure the elderly and vunerable are not "ripped off" by the non qualified bandits.

Posted by: TJD Newport Pagnell

Typical Journalist Crap

This article makes it very clear that the sample was very small AND that SOLICITORS were equally guilty. Harry Katz comments are absolute rubbish, I have seen some absolutely shocking stuff done by solicitors and they rarely advise clients on how to protect their assets but immediately slag off anybody that does. When asked to confirm in writing why they have advised clients against protecting their assets - they will never ever confirm their advice - surprise, surprise!! Specialist willwriters are often far better placed to do the job than high street GP solicitors.

Posted by: IFA & Willwriter

Trust me I'm a Professional

Oh dear and here was me thinking all those highly qualified professional solicitors were to be trusted, unlike those miserable, MickeyDonalds advisers.

Posted by: Hobbit

Shock Horror

A Professional body today called for it's profession to be regulated after it found shocking evidence that people who were not members of the body were incompetent. They felt that membership was flagging and compulsory membership would make sure our jobs were safe and we could make more money. This story was run in December was it not? in an effort to get rid of the will writers, who in my experience do a better job than most solictors but don't rip you off for the executors fees.

Posted by: andy Newman

Which is best?

To die with a legally valid will, or to die intestate? I worked as an advisor for banks for the first 7 years. The banks were NOT interested in someone drafting a will UNLESS they were elderly and appointing the bank as executor. I always advised clients who the banks didn't want to write wills for to go to a solicior and get them written, I even told them about a lot of the "Free will" services operated by charities in conjunction with local solicitors. In 1998 when I started my own IFA firm (Via a network), the clients who came and found me after I left banking STILL hadn't written wills. I therefore took the decision that something was better than nothing and have since taken instructions for basic wills, BUT only if I can't get the client to do it with a solicitor and that assumes it is really basic. I will run my eye over clients existing wills, just to see if there are any problems and so far I have picked up two solicitors whose wills can't even have been proof read! That is NOT having a go at solicitors, but as other posters above have higlighted, there are other issues here which need to be considered. A consumer can still go down and get a blank document for WH Smiths or Staples, should that be banned as effectivley happened with the move from EPAs to LPAs, or should the complexity, cost and importance of simply having a legal will be encouraged first.

Posted by: Phil Castle

Just do it! [sorry Nike]

'The Legal Services Consumer Panel has called for will-writing services to be regulated' Okay fine, just do it then! I'm tired of our industry being targeted like this. There are rouges and under-handed techniques conducted in many industries, including financial services. If regulation means that the mistakes and sales techniques that will writers will continue with [despite regulation in force] can get brushed under the carpet like they sometimes do in other industries then so be it! Viva la regulation!

Posted by: GT

Will Regulation.

Please,Please, Please, not yet another useless regulator. A Government Licence with a Fidelity Bond and Professional Indemnity, to sort out the poor quality participants Please do not rob the died, for they are already heavily robbed in life.

Posted by: M J Winfield

Need for Will qualification

The issue is not regulation but the consumer’s unawareness of the potential complexities involved in writing a will and therefore the level of qualified professional they should seek for advice in this matter. Currently the true specialists in this field are STEP (Society of Trust and Estate Practitioners) members, identified by TEP after their name. STEP have also recently launched a industry recognised exam for will writers providing a benchmark qualification in this area of law. All solicitors and will writers, alike, should at least obtain this qualification before offering will writing services.

Posted by: Angus Houston TEP, Pavilion Row Ltd

STEP

Hi, Can you just take the 'industry recognised' STEP exam without having to join up and study at additional expense? I feel perhaps those that are experienced enough should be offered this qualification [by merely taking the exam, as they already know their stuff] without the need to partake of the STEP structured learning? Any one who knows please let me know.

Posted by: Will Writer

Free will writing service no doubt

Can we assume the Government will be launching a "free Will Writing Service" paid for by those in the industry and of course heavily marketed as "unbiased advice and free" to all!!

Posted by: Michael Fallas