Shining a Light on Will Writers
Not all Will writers are the same (whether they are in a Will Writing Business or a Law firm!)
Astonishingly, 'Will Writers' do not need to be regulated.
The Solicitors Regulation Authority regulate 'Reserved Activities' and Will Writing and the drafting of Lasting Powers of Attorney do not fall under that list. This means that someone can take a one day course in Will writing and offer you services – they don’t even need to have professional indemnity insurance.
The Competition and Markets Authority has recently investigated the situation with Will writing, probate services and 'quickie' divorces. Their Concerns include:
- consumers being misled by advertising which offers an extremely low initial fee for advice but does not indicate that final costs can increase significantly
- the use of potentially unfair contract terms, such as exclusions of liability, failure to provide cancellation rights, and terms which automatically appoint the firm as executor (often for a fee)
- reports of pressure selling and coercion of vulnerable customers.
As a result of the investigation, they have decided not to pursue further regulation but are in the process of drafting guidance for providers. We think this is a great idea, although, as regulated members of The Society of Will Writers we would have welcomed the requirement that all Will Writers are regulated.
We are pleased that the CMA have not decided to argue that Will Writing or ‘quickie divorces’ should become reserved activities that only law firms can carry out. We simply don’t feel that the fees law firms charge for wills and LPAs are necessarily proportionate.
There are two types of Will Writer who do not belong to the traditional law firm – those who voluntarily join a self-regulatory body and those who don’t. Our advice would be to use one who:
- has joined either the Society of Will Writers (SWW) or the Institute of Professional Will Writers (IPW), or;
- are fellows of CILEX, or;
- are members of STEP and hold a TEP qualification.
In a previous review of the sector, the CMA was complimentary of the two main regulatory bodies, the SWW and the IPW:
'Self-regulated providers are covered by similar requirements to those in authorised professions. For example, they are subject to training requirements, codes of conduct, PII requirements and external complaints mechanisms. Both the SWW and the IPW have entrance exams, codes of conduct and requirements for professional development (CPD) and require members to have PII. Customers of these providers can refer complaints to these bodies'.
Our members:
Claire Whetter of Cornwall Will Writers, is a qualified Solicitor. She has a law degree, a Post Graduate Diploma in Legal Practice, and an SRA approved Training contact (she remains on the Roll of solicitors). In the last year, as part of her required CPD, she has undertaken the STEP Certificate in Estates and Trusts which she passed with Distinction, and also an Institute of Professional Will Writers course on Advanced Trusts and Taxation. She is classed as a 'non-practicing solicitor' because Cornwall Will Writers choose not to be regulated by the SRA to keep your costs down. She is regulated by the Society of Will Writers. In order to become a full and regulated member of the SWW she is required to evidence qualifications, experience and compliance on par with the Solicitors Regulation Authority. She is audited annually.
Sophie Campbell is a fellow of Cilex, a TEP (trusts and Estates Practitioner) and has over 10 years experience in Private Client. She is highly experienced.
Because of this, Cornwall Will Writers can provide the service to you at half the cost of a law firm.
We provide complete terms and conditions at the outset, offer a free initial consultation and always provide clear fixed fees up front. They are on our website and on all of our marketing. We do not charge by the hour. We do not exclude liability and wholeheartedly disagree with any terms that automatically appoint a firm as an executor.
We have to meet CPD (Continuous Professional Development) each year, just as a law firm must. We hold all client information in professional legal software (LEAP) so if anything happened to us, the information is all still there, in the cloud.
If you chose a Will Writer who is regulated by the SWW or the IPW, you know that that person has been assessed individually and that there is insurance in place.
So, is the situation safer with a regulated law firm?
If you chose to use a regulated solicitors firm, you will know that the firm has sufficient insurance. You will also know that it is regulated by the SRA so that if things do go wrong, they will investigate and hopefully help sort the situation out, but only if their actions breach the Solicitors Code of Conduct.
Being with a law firm doesn’t necessarily guarantee the best service, or indeed a ‘qualified’ fee earner. Particularly if you are not a higher net worth client, your fee earner may well be a paralegal. The world of law wouldn’t work without paralegals; they are wonderful...BUT...they may have no formal qualifications (just like your unregulated Will Writer) and whilst in an excellent firm their work will be counter checked by someone more senior, if they didn’t ask you the right questions at your first meeting, it won’t be clear if they have missed some crucial advice. There is also no guarantee that their work is in reality suitably checked, even if they do fall under regulation that requires it.
Our advice? Check out the person in front of you - the one who is taking instructions, advising you and drafting your documents.
You can go to a law firm an see someone fully qualified, or you can see an unqualified paralegal (who may have plenty of experience). Don’t rely on the fact that they are a regulated firm - Ask. Ask the PERSON in front of you what their qualifications and/or experience is regardless of where you go. Don’t put all Will Writers in the 'unqualified' bundle, or all representatives in a law firm in the 'qualified' bundle. Neither is correct.
Just make sure you do your research (whether that is about a law firm or a Will Writer) and know about the person you are meeting.