A Shropshire will writer claims Monday's Panorama programme
supported what he has always said: that a will is one of the most
important documents a person will ever write and should be carried
out by a qualified, person belonging to a regulated body.
Terry Le Long from NLS Shropshire (Will & Trust Services) is
a member and Regional Chairman of the Society of Will Writers
(SWW), the country's leading professional body for the will writing
industry.
Terry said that the programme's focus on problems experienced by
a small handful of people who had asked will writers to handle
their probate masked the real issues people should be
addressing.
"As with most documentaries of this type, the programme sought
to suggest there is a major problem within the will writing
industry by showcasing half a dozen cases - actually concerning
probate administration rather than will writing - only one of which
was proven to be a fraudulent case.
"The reality is that the SWW alone has 2000 members who write
some 200,000 wills a year with hardly a problem. Our insurers have
handled just 11 cases in the past 16 years.
"We work in an unregulated market not through choice but because
successive governments have deemed it unnecessary to bring in
regulation. However, the SWW would support regulation. The SWW has
been on the Scottish consultation panel since 2006 and it supports
the Scottish Government in its proposed regulatory plans.
"The SWW is also supporting and working with the Legal Services
Board in England to regulate or at least licence will writers and
is pressing for tighter regulation of probate and client funds.
"The simple truth though is that no amount of legislation will
eliminate fraudulent behaviour in any industry. One of the will
writers featured in the programme last night was, as the Panorama
reported admitted, a struck-off solicitor. The legal industry is
clearly not immune then to the type of issue highlighted by the
programme but which seemed to suggest lay at the door of will
writers.
"What the programme should have highlighted was that people need
to read and understand the terms and conditions of the literature
they are signing and if they don't understand, don't sign until
they are fully satisfied. They should ask the person dealing with
them about their experience, qualifications, insurance cover and
membership of a professional organisation.
"In any industry there will always be the occasional bad apple
but this shouldn't cloud the key issue which, as the programme
itself highlighted at the opening, is that a will is a vitally
important document which is best handled by a professional whose
skills are dedicated to will writing."