An unregulated and uninsured sector of the professional will-writing legal industry known as 'Will Writers,' has come under scrutiny. These private will-writing companies have grown up as a result of the public's lack of awareness in terms of who they should approach when they need to make a will.

Changes to the law to prevent the existence of these private will-writing companies are expected in the near future, but until then consumers must be vigilant.

A will is one of the most important legal documents you will ever have to complete, yet it is estimated that as many as two thirds of the population do not have one in place. However, it is crucial that wills are prepared by suitably qualified persons, who are both regulated by the legal services industry and who carry appropriate insurance; though, when faced with such a wide ranging choice of will-writing services, it is easy for us to become confused.

Consumers have the right to be protected and changes in the law cannot come soon enough, says Lucy Thomas, solicitor at Access Legal from Shoosmiths.

"Unbeknown to most consumers, 'Will Writers' are neither legally qualified nor are they regulated. Because of this, unwary consumers are falling into the trap of instructing 'Will Writers' to prepare wills, only to find that they are over-charged and miss-sold services. 

"Worse still, there are often problems left for loved ones to deal with as a direct result of a will prepared by a 'Will Writer'. This has to stop and we welcome any changes that will protect the consumer". 

Instructing a 'Will Writer' to prepare a will is false economy. 'Will Writers' often call on you at home (mostly uninvited) or approach you in the street. This 'hard sell' can be a trap for the unwary as they can find themselves committing to a service which they think is provided by legally qualified individuals, only to find that this is not the case.

The costs quoted (usually a low fixed fee, between £30-£80) rapidly spiral out of control, with the individual having committed to terms of business which have not been explained to them and so do not understand.

If you have used a 'Will Writer' to prepare your will, you are strongly advised to have the will checked by a suitably qualified, regulated and insured firm of solicitors. Solicitors invariably charge fixed fees for the wills they prepare and can come and see you in the comfort of your own home, if needs be. They tailor their service to suit your needs e.g. they may be able to deal with everything by phone or email. 

Using a solicitor means that you have the reassurance of knowing that your will is professionally prepared and they discuss the full cost with you; nothing is hidden in the small print. 

Making a will is essential, particularly with family and financial circumstances getting more complex. Don't leave it to the cowboys; contact Access Legal from Shoosmiths if you have any questions or concerns.

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