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<font style=color:#FFC103>UNREGULATED</font> WILL
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UNREGULATED WILL

A formal Investigation into the inadequacies of the unregulated will-writing market
The Legal Services Commission Board has recently started a formal investigation into how best to protect consumers of will-writing services along with the associated probate and estate administration services. The Consumer Panel published its advice in July this year, which to their concern highlighted the close association of consumer detriment with will-writing.
The evidence collected emphasised the problems faced by unaware consumers. These include poor quality wills, questionable sales practices and lost wills when companies disappear without trace. The research demonstrated that too many wills, written by unregulated will-writers, failed to reflect what the client actually intended and basic errors in the will document led to difficulties when administrating an estate which resulted in unnecessary and costly delays.
The Panel found that inherent features of will writing services, such as a consumer’s lack of knowledge to identify technical problems or assess whether additional services offered are necessary or good value for money, placed consumers at risk of detriment.
The Panel recommended that will-writing should be made as a reserved legal activity as at present anybody can enter the market and write wills without any specific checks or regulatory oversight. The Board is now seeking feedback to help them determine whether to put regulatory protections in place and solutions to the problems identified which would impose regulatory core elements such as conduct rules, monitoring compliance, redress and discipline on providers of the service.
The deadline for evidence is the 4 November 2011 and responses are intended to be published on the Commission’s website.
The Panel findings highlight the concerns of the Law Society and the profession as a whole. The Law Society have recently offered their support to the new online national will register www.certainty.co.uk. This online register provides a system of registration for wills stored with solicitors who are regulated by the Solicitors Regulation Authority. Levi Solicitors LLP have recently become founder members of the online register and offer this service to all clients.

For further information, please contact us on 0113 2449931 or email us at info@levisolicitors.co.uk


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May 2012

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REGISTERED OFFICE LEEDS
33 St. Pauls Street, Leeds, LS1 2JJ
DX: 706957, Leeds Park Square
TELEPHONE +44 (0) 113 244 9931
FAX +44 (0) 113 297 1872

LONDON OFFICE
32 Threadneedle Street, London, EC2R 8A
TELEPHONE +44 (0) 20 7763 6401

This firm is regulated by The Solicitors Regulation Authority. SRA 440411. A list of members is available at the registered office. Levi Solicitors LLP is a limited liability partnership. Registered No. 0C316402. The term "partner" if used, denotes a member of Levi Solicitors LLP or an employee or consultant of Levi LLP with equivalent standing and qualifications.

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