Since September last year, it has been a focus of The Law Society to urge consumers to “Use a Professional, Use a Solicitor” for legal advice. One of their most recent reports focusses on the matter of will-writing and the issues that can arise from using an unregulated will writer as opposed to having one prepared by a qualified solicitor.
As a professional within the wills and probate industry, do you agree with the ombudsman calling for non-lawyers to be included in its regulatory remit?
This is a suggestion which has been rebuffed by both Chris Grayling and the SRA: “There are arguments both ways for regulation of wills and estate planning from non-lawyers. I would support a greater drive from the government to give consumers a better understanding of the importance of drafting a will, having a will drafted correctly and by a suitably qualified practitioner.”
A qualified solicitor may argue the importance of having a will drawn up by a qualified and regulated professional is crucial in that it leaves nothing to interpretation. Any ambiguity could lead to dispute or litigation in the future.
Recent statistics released by The Law Society following independent research, suggest that 73% of 16 to 54 year olds do not have a will, citing the biggest reason being they do not believe they have anything worth leaving. Are these surprising statistics, or is this a concern you have regularly faced with clients? How do you change their perception and encourage business?
The Legal Ombudsman reported up to 180,000 wills are drafted by non-lawyers each year. As long as the advice given and the wills that are being drawn up reflect the wishes of the client, then what consequences, if any, could arise in future? Poorly drafted wills or incorrect financial advice could lead to negligence claims, and inadequate business management may result in misplacement of wills or documentation. What are your views on this matter?
The research also highlighted that The Legal Ombudsman resolved as many as 1,013 wills and probate-related complaints in 2013-14, which equates to 12.7% of the total complaints resolved. Some 18% of wills and probate-related complaints in this area were about costs; 12% were due to delays, 12% failure to follow instructions and 12% failure to advise. 55% of the wills and probate complaints that the Legal Ombudsman completed in 2013-14 were resolved informally.
It was also reported that a remedy was required in around 72% of the wills and probate-related complaints that the ombudsman reviewed. This is a significant proportion and one which perhaps reflects the ease at which issues can arise in this type of work. Typically, the claims can arise from poorly drafted wills or trusts, negligent probate or tax advice, and lost wills. In addition, the consequence can be a contested probate claim, as disputes arise between executors or beneficiaries.
It is a well-known trend within the wills and probate industry that during winter months there is an unfortunate rise in mortality rates and according to statistics, there is an insufficient number of wills in place during this time. The Office of National Statistics provides figures for these deaths (known as excess winter deaths or excess winter mortality). In the winter of 2013/14, 11.6% more people died in the winter months compared with the non-winter months. A recent drive to increase awareness of this issue in 2014 was the “Will Aid” campaign. This is a scheme where a charity would employ a professional to draw up a will for a client in return for a donation to them. Typically the suggested donation was around £95 for a basic single will or £150 for a pair of basic mirror wills. Did you take part in this campaign and is this an effective way to promote wills, trusts and probate?
Many of your clients may wish to update their wills or simply have them redrafted. However if they are thinking of using another will writing service to do this, what measures do you have in to detract this from occurring? Do you offer lifetime storage at no extra cost or similar incentives? Or do you ensure as a qualified professional, that the advice on offer is based on reasonable cost in a friendly and welcoming atmosphere?
