The Law Society is campaigning to persuade the Government that a change to the law is necessary to protect members of the public from problems caused by using unqualified will writers.
The Law Society wants will writers to have to gain formal qualifications before being able to provide a service to consumers. The Society’s President, Linda Lee, said, “The fact that most problems are detected after the individual has died is a strong argument for establishing a robust regulatory framework."
“Many of those calling themselves will writers may have purchased a franchise to do so, and are free to prepare wills without any training or insurance protection.”
Unlike solicitors, unregulated will writers do not have to be legally qualified or insured. As there is no regulatory body, there is no mechanism for bringing a complaint, and without insurance there may be no means of redress should things go wrong. Solicitors, on the other hand, are professionally qualified to do the work, are bound by a stringent code of professional conduct and, in the very rare event of a loss to a client, clients are protected by the solicitor’s professional indemnity insurance, which is compulsory.