Watson Esam | News | Should Your Will Writer Be Regulated?

The concept that a will is a simple document to draft may be true in some cases, but as everyone is different and has differing circumstances, there is rarely a one size fits all scenario when drafting a will and many are quite complex indeed.  You need to make sure that you are happy that your will is written by an expert with plenty of experience so that you are sure that your wishes are going to be carried out properly when you die.

You can certainly have your will drafted by will writers who often advertise in the local press, but how much security can they provide?  There are of course good will writers, but there are those who are not and as they are not regulated in any way-how do you know which are which?  This is something which has caused huge press coverage recently as professionals lobby for regulation to be introduced to protect the public.

If you have your will drafted by a solicitor, the quality, effectiveness and legality of it will be certain.  Solicitors are regulated by the Law Society.  This means that they have rules by which they have to abide and if they fail to do so they face penalties, which could be as severe as being 'struck off' meaning that they will never be able to work as a solicitor again.

Solicitors must also be protected by insurance, so in the unlikely event that something did go wrong, the client has some form of redress.  This is not the case, however, for will writers.  They are not regulated and they do not have to be insured so the client does not have the peace of mind that they have some form of protection if the will is mis-drafted for example.

Will writers sometimes offer to draft wills for around £50 and of course this cost is tempting but you do need to make sure there are no hidden costs.  For example, some companies advertise a cost, but charge extra to include additional clauses over and above a 'standard pre-drafted will'.  Some make an up-front charge to be named as executors (even though at that stage they have not done any work as executors), and some even charge additional fees to witness the will.  Whilst the cost of drafting a will by our solicitors at Watson Esam is more than £50, we provide free of charge storage for as long as it is needed.  This might not be the case with will writers and in an extreme case which we have recently come across a couple in their late 30s were being charged £5 per person per week storage fee.  That is a staggering £520 a year, which is over £10,000 for 20 years - most wills are stored for longer than that.  So what about that bargain £50 will now?!

Of course, will writers may be able to write simple wills, but it is unusual for them to be able to offer the other advice that is needed to make sure your personal circumstances are taken into account.  Issues relating to all taxes, children, divorce and separation for example often make a will quite a complex document to draft.

This story is taken from Watson Esam's February 2010 Wills and Probate newsletter, link below.

Watson Esam Wills & Probate Newsletter February 2010

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