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Will Writers: They Are All Solicitors, Right?

By Paul Hajek

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Published: 06Feb2010
Word count: 407
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Research commissioned on behalf of the Fellowship of Professional Will Writers and Probate Practitioners and published recently shows an alarming 67% of consumers think that all Will Writers are Solicitors. They emphatically are not.

Even more worrying, is that 82% of consumers assumed that Will Writers had proper training and qualifications.

Consumers can be left at the mercy of unscrupulous Will Writers often with no redress if anything goes wrong.

One such Will Writer, who was not a Solicitor, was jailed for 8 years at Bristol Crown Court in October last year.

He was a financial adviser who had a "home wills" business.

He prayed on widows who had no children, and ensured he was made an executor in their Wills. This enabled him to defraud the estates of 3 pensioners to the value of £800,000.

The monies, which the pensioners had earmarked for charities and caring for the sick was siphoned off by the Will Writing fraudster.

Solicitors who write Wills are governed by the strict rules of the Solicitors Regulation Authority and must have a minimum of £2,000,000 insurance to cover any losses.

The cost of having a Will prepared by your Solicitor will vary depending on the level of attention you require. It is possible to have Wills done on line with Solicitors, Wills through the post, or a complicated bespoke Will with Inheritance Tax advice as well.

In another case, the news of a mother and children being denied a share of their son's and father's estate rams home the perils of not keeping your Will bang up to date.

What may have appeared to be a straightforward agreement in this case, between a husband and wife who were separating, had dire consequences for the family.

The moral of the story is to check with the solicitor who made your Will, that there are no pitfalls or potential problems in what you seek to achieve.

There are many questions, about amending or updating your Will which you may not have considered.

Most Solicitors would not make a charge for general advice of this nature, so there really is no excuse in not asking.

The reality is that with some simple planning you could save your loved ones from the involuntarily, albeit innocent, financial repercussions of your inaction.

Solicitors have spent many years building up a huge bank of trust with the public. Is it really worth the risk of having a Will prepared by someone other than your Solicitor?

Paul Hajek has been a lawyer for 26 years He has been managing partner of Clutton Cox Solicitors in Chipping Sodbury, Bristol for the last 23 years. His company website is www.cluttoncox.co.uk You can also follow him on Twitter http://twitter.com/paulhajek

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