Pictured: Emma Harrison
An alert has gone out to thousands of elderly people warning
them that they may be the victims of inadequately trained,
unscrupulous salesmen offering to write wills for them.
Solicitors for the Elderly, the association of solicitors, legal
executives and barristers providinge specialist advice for older
and vulnerable people, their families and carers, issued the alert
after the UK's Legal Ombudsman highlighted the dangers of using
will writing companies.
A survey has revealed that 67 per cent of consumers wrongly
believe that all will writers are solicitors and 82 per cent of the
1,000 people polled, thought that training and qualifications were
required before anyone can become a will writer.
The truth is that anyone can write a will for payment and Emma
Harrison, a partner at Solihull-based law firm HCB Solicitors and a
member of Solicitors for the Elderly, said: "Unlike solicitors,
will writers are not regulated and undergo very little or no
training before starting to offer their services to the public.
"This often leads to huge and costly problems which generally
only come to light after the person has died adding to the
emotional pressure on the family at an already difficult time."
Many people make wills during their more senior years and are
targeted by will-writing companies that often apply high-pressure
selling techniques often claiming they are significantly cheaper
than solicitors.
Research carried out by Which? Magazine found on average the
price of a will from a solicitor is £130 and from a will
writer is £107.
The will-writing company representative often offers a will for
a low or discounted fee, then recommends he or she be appointed as
an executor. They also offer to sell other services without full
advice, such as transferring the home into a trust in an attempt to
avoid care fees.
Emma, head of wills and probate at HCB, said: "Terms and
conditions can be poorly worded and difficult to understand.
Professionals, such as solicitors and legal executives, are
regulated and have relevant qualifications. They also have to
undergo continual training, must be insured and provide redress if
things go wrong.
"Given the protection from making a will with a regulated
professional the small difference in price is well worth it.
"I would always recommend people use a solicitor to advise them
in drawing up their will and preferably also someone who is a local
member of Solicitors for the Elderly".