Legal News

Beware of Cowboy Will-Writers, says Lawyer

15/03/2011

Cowboy will-writers are on the increase and are creating misery by writing invalid documents and grossly overcharging, according to a Leamington solicitor.
Some are writing unenforceable wills or are charging for legal services they are not trained or regulated to provide, said Donna Bothamley, head of wills and probate of Blythe Liggins.
“Whereas a solicitor would typically charge approximately £150 to write a will, some of these people have hidden charges which take the bill to staggering levels,” she said.
The Society of Trust and Estate Practitioners (STEP), which is calling for all will-writers to be regulated, said many will-writing and estate planning firms had no insurance or a compensation fund, and many more didn't have professional Trust and Estate Practitioner qualifications.
“The first few months of the year are always peak times for clients making wills but the rise in ‘will-writing’ companies is leaving thousands of people with unenforceable documents,” said Mrs Bothamley.
She said that will-writers, many of whom were falsely claiming to be fully regulated solicitors, were rendering wills invalid by making simple mistakes and that several will-writing companies were going bust with wills disappearing as a result. Also, she said, will-writers were tricking clients into having a new will drafted by claiming the law had changed.
“Often people are won over by impressive advertising and by wills costing as little as £30. However, unlike qualified solicitors who are regulated by the Solicitors Regulation Authority, these will-writers are not regulated and do not necessarily employ properly trained staff. In the worst cases, such companies have gone into administration leaving clients without their legal documents and no governing body to go to for redress. In one case, client papers were found dumped in a filing cabinet at the side of the road.”
Mrs Bothamley said many will-writers used generalised computer packages, which not only meant that complexities such as tax or trust issues were not catered for, but that often there were fundamental errors. “I’ve seen wills invalidated due to crucial components such as the second witness signature missing, or beneficiaries who have signed as witnesses resulting in them unintentionally forgoing their inheritance. Others simply use ambiguous wording making it very difficult to understand the true intentions of the client,” she said.
“These businesses feed off a misconception that solicitors charge over the odds for what is a simple procedure. However, a properly drafted will from a qualified solicitor can cost as little as £150 and would be stored securely at the firm’s practices. With such an important document it is vital that people make sure their intentions will be carried out, and chose trusted executors.”