How Do You Trust Your Will Writer?

Some people choose to write their own will or use a cheap on-line service. The problem here is the document will only be as good as their knowledge! The wrong type of will could be chosen, or vital facts not considered. This could cause considerable distress to loved ones or a loss of money from the estate. There are a group of clients who would not be happy unless they saw a solicitor for their will or Power of Attorney.
Surprisingly, the Will writing industry is not currently regulated, but this does not mean there isn’t an increasing demand for Will writers to become regulated.
It’s apparent that the number of ‘cow-boys’ out there has increased and there are some stories where a Will, which the client thought to be professionally written, either did not correctly state the clients wishes or failed completely. In this circumstance, there is very little the client can do. Additionally, I have seen excellent wills written by will writers and appalling ones written by solicitors!
Understandably, these facts make clients very nervous about writing their Will; sometimes to the point where they put off writing their Will altogether. The biggest concern for clients is trusting the professional sat in front of them.
The House of Commons have recently been driven to delve into this issue a little deeper and have taken a look at the pros of cons of adding regulation for Will writing. The decision to exclude Wills from the original Legal Service Act was by no means unanimous – there were many arguments put together to try to force regulation. At the time, the Government responded to these arguments by suggesting that voluntary regulation would suffice.
Whether you are pro-regulation or not, what is clear is that these questions are rearing their head again and it is definitely advisable for Will writers to opt for voluntary regulation. We would expect that regulation will be considered again within the next 5-10 years.
Until then, the best procedure for a client is to check the will writer belongs to a professional body such as The Society of Will Writers or IPW. Members must continually train throughout the year and any complaints would be taken seriously.
Also check your will writer has P.I. (personal indemnity insurance). Look at their client testimonials, these will give a good oversight.

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