Making a new will
There has been a lot of recent press coverage regarding the need for regulation of all will-writers.
You maybe surprised to learn that will-writing is not regulated. This means that an independent will-writer who is not a solicitor may prepare your will without any training, regulation or insurance. This could leave you unprotected and any errors with the will maybe left undiscovered until after your death. This may lead to the will being declared invalid so that your chosen beneficiaries miss out. This will also result in additional costs and uncertainty for the persons responsible for administering your estate.
In the last month we have advised two clients who had wills prepared by will-writers or had homemade wills. Both wills were invalid as they had not been properly witnessed despite the client requesting their doctor to act as a witness. Since one client was alive and able to provide instructions we were able to prepare a new will to rectify the position. Unfortunately, since the second client had died, this resulted in her estate being distributed under the intestacy rules. The beneficiaries mentioned in the will all missed out.
The Legal Services Board (LSB) is an independent body responsible for overseeing the regulation of legal services in England and Wales. The LSB has now announced that will-writing should be a regulated activity to protect consumers and ensure the highest quality of service.
We recommend that anyone seeking advice about a new will, or a review of an existing will, should contact a solicitor at Rutherfords LLP. We are able to advise on wills, inheritance tax and trusts planning, protecting property and other assets for your beneficiaries and appointing guardians for children under 18 years.
Please call the Private Client Department directly on 01827 301142 to make an appointment.
Antony J Illsley