Pictured above: John Rouse
The introduction of a new code of practice for non-lawyer
will-writers will be 'ineffective', a Midlands solicitor has
said.
The code, which was approved by the Office of Fair Trading,
requires members of the Institute of Professional Willwriters to
take exams, complete ongoing training and give customers powers of
redress.
But John Rouse, a partner in Wright Hassall's Wills, Trust and
Tax department, said there are 'key problems' that the code has
failed to protect against.
"The theory behind the code of conduct was that customers who
choose not to use a law firm will know the standards are still high
and there is little risk," Rouse said.
"But it hasn't effectively addressed the main problems with
non-lawyer will-writers.
"For instance, one key issue we often come across is that if a
will-writing company goes out of business, the original will cannot
be located.
"For law firms, there are safeguards so that wills would be
automatically transferred to another practice, but this new code
hasn't fixed that for non-law firms. The result can potentially
cost a lot of money and cause a lot of heartache.
"Nothing has been done to provide customers with transparency
over what they will actually be paying either. Many of these
businesses charge low initial fees, but then hide fees for storing
the will. When customers realise that, it's often too late.
"Don't get me wrong, having a code is better than not,
particularly if it bridges the wide gap in expertise. But it has
not gone anywhere near far enough.
"We'll have to wait to see how good the training they must
undertake is, but it would need to train non-lawyers in specific
areas of law and tax which are essential in a well prepared will,
and I can't see that happening in the short courses this code aims
to implement."
For more information about Wright Hassall, please visit their
website here: www.wrighthassall.co.uk