BBC Panorama Programme Highlights Dangers of Using Will Writers
In this week’s Panorama programme on 9/8/2010, presenter Vivian White highlighted the risks in using a will writing service. Many people are under the false impression a ‘will writer’ is a solicitor, but unlike a solicitor they do not have to undergo any training, have insurance, and are not regulated by any organisation which ensures that they conduct their activities in the interests of the consumer and provide some form of redress, if things go wrong. If they go out of business, there is little that can be done- sometimes the will cannot be found, even where charges have been made for storing it.
The lack of regulation has enabled many will writers to adopt high pressure selling techniques which was illustrated in the programme, often offering wills for a low or discounted fee, and then recommending themselves to be appointed as executors, selling other services without full advice, such as transferring the home into a trust in an attempt to avoid care fees. Terms and conditions can be poorly worded and difficult to understand. In secret filming undertaken by the BBC for the programme, an elderly couple was not told the details of charges which were confusingly set out in writing but then taken away by the will writer.
The BBC showed a firm who had stolen hundreds of thousands of pounds from estates. The police stated it was almost the perfect crime, as the beneficiaries did not know they were beneficiaries. Because will writers are not insured or regulated, there was no compensation for the beneficiaries; unlike solicitors, who have insurance and there is the Solicitors compensation fund.
The fear of solicitors costs, prompts some people to use will writers. Rowberry Morris private client department (members of solicitors for the elderly) commented, “Solicitor’s are required to set out in writing the basis of their charges, and at Rowberry Morris wills are undertaken for a fixed fee with free storage of wills and other documents.”
Rowberry Morris also said, “This programme highlights the potential for getting it wrong without full legal advice and the need for proper regulation of will writers. It can be very costly to undo after you have gone and can leave your family in disarray when they have to pick up the pieces as problems generally only come to light when you have died.”
If you had a will made by a will writer and have concerns, please contact Rowberry Morris for a review of your Will contact details are below.
Solicitors for the Elderly members of Rowberry Morris are
Nicola Cochran Richmond office 4 a the Square Richmond Surrey TW91DZ Tel 0208 334 4860
Debbie Duggan Reading office 17 Castle Street Reading RG17SB 0118 958 5611
Elizabeth Groom Tadley office Sherfield House Mulford Hill Tadley Hampshire RG26 3XJ Tel 0118 981 2992
Other solicitors in the Private Client department:
Helen Greenwood Tadley office Sherfield House Mulford Hill Tadley Hampshire RG26 3XJ Tel 0118 981 2992
David Roper Staines office 15 Clarence Street Staines TW18 4SU Tel 01784 457 655
Clare Fleming Reading office 17 Castle Street Reading RG17SB 0118 958 5611
Notes:
1. Solicitors for the Elderly (SFE) is a national organisation of lawyers, such as solicitors, barristers, and legal executives who are committed to providing and promoting robust, comprehensive and independent legal advice for older and vulnerable adults, their family and carers.
2. 67% of consumers wrongly believe that all will writers are solicitors, research has shown. A survey of more than 1,000 people revealed that 82% assumed that training and qualifications are required before someone can become a will writer. The Fellowship of Professional Willwriters and Probate Practitioners commissioned the survey.
3. Solicitors are regulated by the Solicitors Regulation Authority and must follow the Solicitors Code of Practice and Solicitors Accounts Rules.
4. Solicitors have to undertake regular continual training.
5. Research from Which? identified that many people were not given full advice about costs upfront by will writers, particularly for the cost of probate (Feb 2010).
