A Will is arguably one of the most important legal documents you can sign in your lifetime. As the Will Writing Sector is currently unregulated it is very easy to fall victim to rogue Will Writers.
As it currently stands there are no restrictions in Wales or in England on who can prepare a Will. This means that anyone, qualified or not, can sell their Will writing services to you. There are currently a staggering 208,000 unregulated firms in England and Wales.
Despite calls to increase regulation no plans have been made as of yet for that to happen. It comes as a social media survey recently carried out by Solicitors for the Elderly (SFE) found that 98% of people believe the Sector should be regulated.
Without such regulation, older and vulnerable people are being emotionally and financially impacted by unqualified sales people who lack the right legal training or qualifications needed to draft a Will. More often than not, they lack the specialised expertise to work with vulnerable people, for example where there is a risk of financial abuse, undue influence and potential capacity issues or complex cases, such as Wills involving mixed or blended families (to include second marriages and step-children). Unregulated firms do not have the high level of insurance in place, which is essential as this insurance protects against negligence in the event that Wills are not completed correctly or if bad or misleading advice has been given.
As it stands, the current system enables people to make decisions that can have irreversible consequences on families across the country, losing them thousands of pounds and causing emotional distress
When making a Will, always seek the advice of a regulated specialist such as a SFE accredited Solicitor to ensure your legal needs are protected. Such Solicitors have the specialist soft skills training and expertise needed to work with older and vulnerable clients. The impact of not receiving regulated specialist advice can result in devastating consequences for you and your loved ones
If this issue is of concern to you or if you have experienced poor advice or have a distressing experience with an unregulated Will Writer to discuss, or even if you would like some advice regarding the writing of a Will, please contact Natalie Harvey at Martyn Prowel Solicitors on 02920 470909.