Pictured above: John Rouse
A Midlands law firm is backing the calls for stricter
regulations to be placed on will-writing.
The Legal Services Board Consumer Panel recently requested
evidence on whether the process should become a regulated service
and received 380 case studies from professionals and members of the
public in favour of the move.
And John Rouse, a partner in the Wills, Trust and Tax department
of Leamington Spa solicitors Wright Hassall, feels this can only be
a good thing both for the legal community and the general
public.
Rouse said: "Will-writing is a boom area within the industry at
the moment so it is important that it is well regulated.
"Combined with such a rise in prominence in will writing over
the last couple of years is the large increase in those trying to
challenge wills and this is where regulation could be most
effective.
"In the case of Larke v Negus, the circumstances under which the
will was drafted were questioned, leading the judge to ask for
evidence of this.
"As a result of this case, anyone looking to make a challenge
against a will can now call to see the file and circumstances under
which the will was drafted, making the process of challenging wills
more organised and accurate.
"Therefore even greater care has to be taken in making a will,
not only to ensure it reflects the client's wishes but that the
circumstances under which the will was made are correct and
documented."
The call for regulation follows last year's introduction of a
new code of practice for non-lawyer will-writers which was deemed
ineffective by those within the trade.
But Rouse is hopeful that these changes can be useful.
"We currently find ourselves in a situation where people who
really aren't suitably qualified to do so are permitted to draft
wills," he said.
"Even when the will is drafted correctly it is often under the
wrong circumstances which could give rise to a potential claim.
"The need to make a will and to do it properly is crucial.
Failure to do so can cause significant problems and increase the
likelihood of a possible claim or challenge.
"This was highlighted in the recent BBC programme 'You Can't
Take It With You' and should be of particular concern to those who
have remarried and have second families. If they die without a
will, there may be major difficulties in ensuring that all their
dependants are properly looked after.
"Regulation is long overdue as those organisations drafting
wills should be suitably qualified and satisfy requirements not
only for their knowledge and skill but also the robustness of their
procedures, adequate insurance and after care."
For more information about Wright Hassall, please visit their
website here: www.wrighthassall.co.uk