Lawyers back consumer protection for wills

The Law Society welcomed the move as essential for consumer protection, but has warned that the proposed changes should go further, extending regulation to estate administration - the distribution of the estate of a deceased person.

Law Society President Lucy Scott-Moncrieff said she welcomed the Legal Services Board’s recommendations to the Lord Chancellor.

“We submitted evidence to the LSB of people who have been prosecuted for running off with estates, among other problems that have been caused by unregulated people doing this work,” she said.

“At the moment unregulated individuals are charged with distributing considerable sums of money.

“It is becoming more difficult to assist consumers to identify reputable service providers. The evidence hints at many more cases where beneficiaries do not obtain what they should.”

The Society is also urging the LSB to ensure that all those seeking the services of a will writer are entitled to the same minimum protections – those already in place for solicitors’ clients.

Ms Scott-Moncrieff added: “Choosing a solicitor ensures a high level of service and expertise plus guaranteed consumer protection.

“Regulation of all providers of will writing services will only be effective if it is of a similar standard to that already applied to solicitors.

“All solicitors are subject to strict regulation by the Solicitors Regulation Authority to ensure that they deliver the best service to their clients.

“The public are protected by solicitors’ mandatory insurance and the Law Society compensation fund, for the rare occasions when things go wrong.

“Consumers have every right to expect such guarantees. Two tier regulation, which falls short of offering similar protection to all those seeking help in making a will, would be confusing to consumers.”