A lawyer with a Shropshire firm specialising in services for the
elderly has warned that some unqualified will writing services are
the equivalent of cowboy operators in the building trade.
Fiona Barnes, a partner at MFG Solicitors and head of the firm's
Private Client Division, warns that dying without a will is bad
enough but a badly written or out of date will could be just as
dangerous.
"Some of these services can be highly unsatisfactory just as
cowboy operators in the building trade rip off unsuspecting
clients. Anyone can call themselves a will writer - whether
or not they have any training or experience.
"The result of a badly written will can lead to arguments and
even an expensive court case - the costs for which are likely to be
paid from the deceased's estate.
"Many non-regulated and non-trained will writing services induce
clients by marketing their low cost service.
"Few people realise, until they actually instruct them, that
there are many hidden costs including an annual fee to store
original documents with them, while many solicitors store wills
without charge.
"One reason for their - on the face of it - low cost will
packages is because they do not have to pay any annual fees to
insurance or regulatory bodies.
"It means that in the event of their negligence there will be no
compensation for the additional and unnecessary distress caused to
already grieving family members.
"There is no regulatory body whose code of conduct applies.
The service may simply disappear, making it impossible to
find the will, which under agreement was supposed to have been kept
in a safe place.
"Clearly the advantage of seeking advice from fully regulated
organisations such as solicitors is the reassurance of knowing you
are receiving accurate and up to date advice from a qualified
professional who has a duty of care and confidentiality.
"Executing a will within a proper legal framework allows a
person to ensure that possessions will be dealt with in accordance
with wishes and by trusted people.
"There are a number of other attractions in drawing up a will
which few people appreciate, even some so-called will writers.
"For example, being able to appoint guardians for minor
children, to make provision for children, grandchildren, an elderly
or disabled relative and balance the needs of those different
beneficiaries - as well as protection of assets, excluding
relatives if appropriate and leaving gifts of cash or
possessions.
"Many people are under the mistaken impression that if they die
without making a will, then their estate will pass to their spouse,
children or next of kin.
"There has been a recent change in the Intestacy Rules - the
legal framework for when someone passes away without a will - which
means that close relatives may be entitled to a greater legacy from
a loved one than previously was the case.
"However, that legacy may still not be as much as the deceased
would have wanted that person to receive, or on the other hand he
or she could end up inheriting more than the deceased would have
wanted, potentially leaving the children, particularly those from a
previous relationship, with nothing.
"Similarly, a partner with whom the deceased has lived for a
number of years, without marrying or entering a civil partnership,
will not inherit under the rules."
Not every unqualified will writer will recognise or understand
all the possible issues - and ways to resolve them - so Fiona
Barnes urges caution when deciding who should write one of the most
important legal documents you ever complete.