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Tessa

Should Wills be regulated in the UK?

by Tessa Faverty 22 September 2010

There is a real debate about making it harder for people to write Wills.  That is all very well but as long as 70% of people do not have a Will, is it in the public interest to make it harder?  Shouldn't we be making it easier?

Non-lawyer Will writers are a growing profession in the United Kingdom, but there are certain problems that have occurred in the past with non-regulated professionals.

Since Scotland has cracked down on private Will writing companies, the Legal Services Board have now called to action a rethink into England and Wales non-regulated Will writers. This could mean that unless you are a qualified solicitor and properly regulated by the Law Society, you will not be allowed to draft Wills legally.

For the consumer, this could mean, a huge bill and unnecessary time wasting. Obviously if the Will is very complex, legal advice is recommended, but for simple Wills that can be just as easily done over the phone for a reasonable price, lawyers expenses are not worth it.

What can be seen is that if Wills require a lawyer to draft each time, people will be less inclined to make a Will, or attempt to draft there own, which could cause huge problems and a rise in intestacy cases.

A way around this dilemma is for all private Will writing companies to be self-regulated by recognised organisations such as The Society of Will Writers. This would be mean, practitioners will be kept track of, have to attend classes to keep up to date on the law and skills of drafting, but then the writers will be able to retain the freedom and customers will still have the option to pay reasonable fees for carefully drafted Wills.

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