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Dangers Of Using Will Writers Not Properly Qualified

January 18, 2012 By Avery Associates

London probate valuers Jeffrey Avery & Associates reveal that the Law Society has launched a new campaign to warn consumers who are making the most important financial and personal decisions of their life of the dangers of using will writers who are not properly qualified. A probate valuation as well as a will said Law Society President Linda, “Anyone in England or Wales can operate as a will writer. They are not required to hold any formal qualifications may well provide no consumer protections such as insurance.

Many of those calling themselves will writers may have purchased a franchise to do so and are free to prepare wills without any training or insurance protection. As a result, some will writers do not have the means to recompense an injured party to the full extent of their loss, which severely undermines the possibilities of seeking redress. When something does go wrong, there’s no system in place to prevent the same mistakes happening again. Five years ago the government called for voluntary regulation of will writers, but since then we have only seen more and more consumer detriment as a result of no regulation. The Law Society is now lobbying the Lord Chancellor to make sure that only competent and appropriate individuals are able to hold themselves out as will writers.

The system must be changed to protect the public. The fact that most problems are detected after the individual has died is a strong argument for establishing a robust regulatory framework. The Law Society is looking to protect consumers as the drafting of a will and administering the estate through probate can engage complex legal and financial areas, often involving technical issues of tax, trusts, and property rights. Writing a will is one of the most important financial and personal decisions that someone will make, and the public should be protected accordingly. Currently there is no regulation surrounding will-writing and anyone is able to write a will, holding themselves out as an expert. So there is a clear need for effective regulatory provisions to be put in place to ensure that where there is a problem, those affected can be recompensed, and the reasons for the mistake can be addressed and prevented from reoccurring. It is extremely important to talk to a solicitor who can make sure that the will is expressed in a way that is legally watertight.

A solicitor will also be able to advise on complex financial issues such as inheritance tax and trusts planning. Solicitors are all trained and regulated. They are required to have adequate insurance to protect the public. Law Society consumer research* indicates that consumers are unable to distinguish between regulated and unregulated providers. Despite this confusion, there is a clear demand for regulatory elements to be in place (regardless of the added cost that it might entail). 82% of respondents to the survey agreed that they ‘would pay more to have a will drafted by a regulated provider with a formal complaints procedure and compensation scheme. Problems in the drafting of a will have the potential to cause the most profound repercussions for the bereaved, who may be left with significant costs to resolve problems, be prevented from benefiting from the wishes of the person they have lost, and be faced with an uncertain and difficult process to seek redress at a time of great emotional difficulty”.

Filed Under: FAQS Tagged With: law society, lord chancellor, trusts, will writers, wills

Our House Clearance Services

We provide a full house clearance and property management solution:

  • We clear hoarded houses, regardless how big or how cluttered
  • We clear all types and sizes of property, irrespective of location, or access is restricted or where parking is difficult or not available.
  • We can help avoid water damage by draining the central heating system.
  • We can secure the property and change the locks.
  • We can reinstate the gardens and maintain them whilst the property is empty.
  • We can provide 24 hour security to eliminate the risk of squatting or unlawful occupation.

As well normal house clearances we specialise in clutter clearance and we can clear a hoarded house which may contain years of accumulated possessions, or which have abnormal amounts of general household items, sometimes as a result of compulsive hoarding syndrome.

Equally we can help to clear a property where the occupants were previously unwell and unable to care for themselves or their property which sometimes results in insanitary, dangerous or just plain unpleasant conditions.

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Client Reviews

Oct 6, 2020
by Edward Harvey on Avery Associates
Probate Contents Valuation London

Dear Jeffrey, Following your recent valuations, one for the property and the other for personal belongings etc, at the property in Lower Road London... Read More

Oct 5, 2020
by Mr Wood on Avery Associates
House Clearance In Oxford

Dear Jeff. I can not thank you enough . The house clearance wen like clock work. What a great team you sent me. Mr Wood

Oct 5, 2020
by Michael Hasning on Avery Associates
House Clearance Abingdon

“Avery Associates have supported me as the Executor to my late mother’s estate. In the first instance I found their website an excellent source of information... Read More

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Tel: 0800 567 7769 or 0208 640 0044

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