Beware Unlicensed Will Writers

Solihull residents in danger from unauthorised will writers.

Solihull residents are being warned of the dangers of using unregulated will writers. Solihull solicitors Sydney Mitchell are citing a number of instances where people have suffered dire financial consequences through taking advice from inappropriate will writers.

Says Derek Cook, Sydney Mitchell's wills guru, "The independent wills market is not regulated and stories of incompetence and worse are not at all uncommon. Solicitors are regulated by the Law Society, which ensures their work is done to a professional standard and which also requires that comprehensive indemnity insurance is carried for the protection of clients so that on those very rare occasions when mistakes are made, the client can obtain proper compensation. Having a will prepared by a solicitor is not expensive and will give you and your family peace of mind that the job has been done properly."

Will writing companies frequently do not have indemnity insurance, so if mistakes are made, there is often no redress.

Sydney Mitchell cites examples from the Law Society of the consequences that have occurred and could happen again if Solihull residents don't take heed:

One example was where a woman's entire estate passed to her estranged son, who had not seen her for over 20 years, instead of (as she wished) to her long-term carer. This occurred because the woman's will, which was drafted by an unqualified will writer, was judged to be invalid owing to a technical error. In another instance, a will was ruled to be invalid simply because the will writer failed to have the testator's signature properly witnessed.

There are also many examples given of will writing companies which had disappeared, which meant that the originals of the wills were impossible to find, and of companies which charged much higher sums for preparing wills than their advertising would suggest. In one case, a charge of £700 was made for a straightforward will.

One particularly sad example involved a will writer who appeared to be in league with a trust company, which was appointed as the sole executor of a client's will and which charged a large 'termination fee' when the family decided they wanted to appoint family members as executors.

A properly drafted will via a solicitor can cost as little as £100 for straightforward circumstances; a small charge for piece of mind.

For further information, please contact Derek Cook on 0121 698 2200 or via email to d.cook@sydneymitchell.co.uk