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Leics legal experts warn public to not risk their family’s futures through badly drawn wills

Pictured: Peter Chadwick, partner at Mander Cruickshank 

One of the East Midlands most respected legal practices is calling for the public to not risk their family's' future when making their Wills.

Peter Chadwick, a partner at Mander Cruickshank Solicitors LLP, call follows a recent decision by the Legal Services Board to launch a formal investigation into regulating the activity, following a recommendation from a consumer watchdog.

Mr Chadwick, whose practice has offices in Coalville and Hinckley said: "Within our profession a call for evidence on whether Will-writing should become a regulated activity has received a huge thumbs up, with consumer bodies also in favour of regulation.

"Unregulated Will-writing companies are providing about 10 per cent of Wills and that figure is 10 per cent too high."

"Solicitors are required to be covered by insurance, and are subject to a professional regulatory and disciplinary regime. However, there are some Willwriters in the marketplace not covered by this and it can have devastating affects on families. I say to all those thinking of writing a Will not to risk your family's future."

The Law Society's Board is investigating regulation not only of will-writing, but of estate administaration and probate.

Mr Chadwick added: "Earlier this year the Law Society launched a campaign asking the Government to make Will-writing a reserved activity to better protect consumers and it certainly is gathering pace. However, legislation could take a long while and in the meantime the public have to be diligent." 

He added: "The `anti-solicitor' pro-competition lobby will make smoke about poor standards of service and incompetence by solicitors. But fundamentally, do you want your Will prepared by a professional firm of solicitors, fully covered by professional indemnity insurance in the unlikely event of negligence, or by someone who has bought a franchise, is not subject to any professional regulation and probably carries no PI cover?

"It is better to make sure that your will is totally legitimate rather than have your family try to sort it out after you have gone."

Consumer organisations Citizens Advice and the National Consumer Federation both said that Will-writing should become a reserved activity, whilst a survey of 140 charities has also indicated overwhelming support for regulation.

 

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Article published by Midlands Business News on 27 September, 2011

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