Risky Business
John Healy of Healys LLP gives advice & information on legal matters
The BBC’s Panorama programme highlighted the risks of using a will writing service. Many people are under the false impression a ‘will writer’ is a solicitor, but unlike a solicitor, they do not have to undergo any training, have insurance, and are not regulated by any organisation which ensures that they conduct their activities in the interests of the consumer and provide some form of redress if things go wrong. If they go out of business, there is little that can be done – sometimes the Will cannot be found, even where charges have been made for storing it.
Andrew Poole’s wife Suzanne used a will writer, but the Will failed to include any provision for him, leaving the entire estate in trust for his stepdaughters. Caroline Bielanska, Chief Executive of Solicitors for the Elderly, appeared on the programme and expressed concern that a spouse had not been provided for.
“Mistakes can be very costly to undo and can leave your family in disarray ”
The will writers appeared to have failed to advise on his right to bring a claim against the estate for inadequate provision. She said: “A specialist solicitor would have asked why a spouse was left out, kept a detailed record of those reasons, and advised of the high risk that the Will would be challenged. Solicitors are in the business of giving legal advice, taking into account a client’s domestic and financial circumstances – it does not appear that Suzanne Poole received any such advice.”
The lack of regulation has enabled many will writers to adopt high pressure selling techniques, which was illustrated in the programme, often offering Wills for a low or discounted fee, and then recommending themselves to be appointed as executors, selling other services without full advice, such as transferring the home into a trust in an attempt to avoid care fees.
Terms and conditions can be poorly worded and difficult to understand. In secret filming undertaken by the BBC for the programme, an elderly couple was not told the details of charges, which were confusingly set out in writing but then taken away by the will writer.
The programme highlights the potential for getting it wrong without full legal advice. Mistakes can be very costly to undo after you have died and can leave your family in disarray and having to pick up the pieces after your death.
At Healys we have many years’ experience of Will drafting, tax planning and the administration of estates. One of our private client team would be happy to discuss any concerns you may have. Please feel free to email me at Brighton@Healys.com or contact one of our private client team on 01273 685888.
John Healy is a Solicitor and Chairman of Healys LLP of 8/9 Old Steine Brighton BN1 1EJ
August 27th, 2010 at 4:44 pm
Dear Sir
I find the article completely one sided on behalf of solicitors.
I have to agree that there are poor will writers out there but they should not be all tarred all with the same brush.
There are very good wil writing companies in the market place who all carry PI and are very well trained
The solicitor in the article omitted to mention how many solicitors had been in court in the last 12 months for fraudulently using clients money. This just goes to show thet there are good and bad solicitors like there are good and bad will writers.
I could also send a box of wills drafted by solicitors that werew of little use to the client.
Hopefully we get to the point quickly where our industry is regulated. The fault for lack of regulation sits with the government not the many good will writing companies.
I hope in the future when articles are published in the future they display a more balaneced approach to the subject.
Thanks
Clive Ponder