Dangers of Using Will Writers

In this week's Panorama programme, 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.

In the Panorama programme, Andrew Poole's wife, Suzanne used a will writer, but the will failed to include any provision for him, leaving the entire estate in trust for his stepdaughters. Caroline Bielanska, Chief Executive of Solicitors for the Elderly, appeared on the programme, and expressed concern that a spouse had not been provided for. The will writers appeared to have failed to advise on his right to bring a claim against the estate for inadequate provision. She said, 'a specialist solicitor would have asked why a spouse was left out, kept a detailed record of those reasons and advised of the high risk that the will would be challenged'. Solicitors are in the business of giving legal advice, taking into account the client's domestic and financial circumstances- it does not appear that Suzanne Poole received any such advice'.

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 fear of solicitors costs, prompts some people to use will writers. Lynn Smith, Partner & Head of Probate at Kitsons states:
'At Kitsons our charges are transparent and we work on a fixed fee basis without charging any extra for home visits. Plus, we offer free storage of wills (we've heard of cases where clients have been charged £10 per month for storage). We too have come across many cases where clients have been badly advised and, where wills have been prepared that don't actually reflect their wishes. This leaves a terrible mess for the family to deal with and usually works out far more costly than if they'd taken proper legal advice from the outset.'

Lynn continues:
'As solicitors, we've had to undergo years of specialist and ongoing training, so want very much to reassure people in the area that specialist legal help is available locally and at reasonable costs. We offer the best possible advice on each individual basis and would always advise that a family member or close family friend is appointed executor of the will as opposed to our firm of Solicitors. This was an issue that was also highlighted in the recent Which report and one we feel very strongly about.'