The Importance
of Regulated
Wills over
Unregulated
“Solicitors are expensive. Solicitors complicate things. That’s just
a fact of life. We all know that. “Or do we?
horror stories of Wills being found in
public bins when a Will writing company
has vacated its office.
we were all confident will achieve their
aims and that they understood, resulting
in the family being happier with their
choice.
When you are considering making a Will, or
just checking whether your present Will is
still ok, ask a few questions of the Will writer:
I have some lovely elderly clients, one
of them is housebound, the other has
medical issues and I first saw them
about a year ago. We talked about their
family, their children, their property,
their hopes and fears about what might
happen if one of them dies: in short,
their priorities. After a good long talk,
they decided that their Wills, drawn up a
few years beforehand were just fine, and
decided to do nothing. They paid me
for my time and advice and we parted
ways. That wasn’t to be the last I’d
hear from them though.
In the summer they were contacted
out of the blue by a company selling
asset protection products and Wills.
After spending £2800 up front, they
received some very unprofessional
documentation that they didn’t really
understand. They called the provider
but found it increasingly difficult to get
hold of anyone in the office other than
a receptionist. The family were worried
and called me in; meanwhile they
cancelled the contract and lost
their money.
Having looked at the product they were
sold, it is clear that it would not achieve
what the clients thought it would. We
discussed everything once more, and
they decided to take a direction that
When we were talking I mentioned that
if I get it wrong they can sue me. We
all laughed at that thought, but having
more than 17 years’ experience as a
solicitor, I belong to a profession that
is heavily regulated, that requires all its
members to have significant insurance,
and an easily identifiable complaints and
redress process. I also give advice to
my clients and I do not sell a product. I
do not have a vested interest in whether
a client proceeds with a document or
not and I will store any documentation
for my clients for free. I am not allowed
to stray into areas of law where I do
not have any demonstrable knowledge.
Because I also help people with
administration of estates when people
have died, I also know what works in a
Will, and what doesn’t.
There are some great Will writers who
are not solicitors, and not all solicitors
are great Will writers. But sadly, at the
moment Will writing is not a regulated
profession. Incredibly it is possible to
set yourself up as a Will writer with very
little experience or knowledge and just
as easy to shut down. I have heard of
1. How much experience do you have?
2. Where will my documents be stored –
and do you charge for that?
3. What if I decide not to proceed?
4. What if things go wrong?
5. How are your charges calculated?
6. Am I paying for the advice or the
product?
7. Can I appoint anyone as my
executor?
This last question is very important.
You should not be tied to appointing
the Will writer as your executor if
you have a choice. Administering
an estate can be very complex. It is
sometimes extremely advisable to
have a professional involved, and we
will certainly discuss this with you if
you feel it may be appropriate. But a
professional Will writer, solicitor or not,
will charge for their services, and if you
paid a lot at the start, your estate may
end up paying even more later. At least
if you can choose your executor, you get
to choose who is in control. “Solicitors
are expensive? Solicitors complicate
things?” I don’t think so.
By Fiona Dodd
19