Following recent changes to the law, some areas of traditional legal work have been deregulated. As a result, an unqualified person can now undertake the types of work that previously required a trained Solicitor. This includes Will writing services, which is one of the biggest areas that has been affected.
In this post, we discuss the importance of choosing a professional Solicitor when making a Will to assure the certainty of quality, security and safety over your Will. Prior to the deregulations of these works, only a Solicitor working at a registered law firm could provide a Will writing service.
As you may be aware, there are now a huge number of individuals and companies who offer Will writing services, ranging from long-standing companies, such as supermarkets, to new independent businesses – regardless of their experience or training.
There may appear to be an array of reasons to go to an unqualified Will writer, varying from convenience to cost. However, we believe the traditional route of using a qualified Solicitor is the safest and the best option for anyone looking to make a Will.
The sad truth is that when you go to a ‘Will writer’ to handle your affairs, you have very little idea of what practical training they have received – if any! Although it may come as surprise, it is not uncommon for someone who offers Will writing services to have had as little as a 1-2 day training course.
Not only is the quality of training in these situations questionable, but the work they produce is neither regulated nor checked for accuracy. It must be remembered that when a mistake is made in a Will, it is often not discovered until several years later, usually when the situation is already sad and stressful.
When you choose a Firm of Solicitors to write your Will, you know with certainty that you are dealing with a professional with full legal training and a team who have years of qualifications and professional experience to undertake the work they are doing.
Our Wills and Probate team at Hook & Partners have over 50 years’ collective experience in Will writing, and the department is supervised by Mrs Lorna Steed, a fully qualified Solicitor and Partner in the firm.
The deregulation of the Will writing process means there are no longer checks in place to ensure a new company is competent to write Wills. There is no larger body that oversees their work and it is optional for them to obtain insurance to cover any mistakes that could be made.
By choosing a Solicitors firm, you are instantly guaranteed these layers of security. Unlike other Will writers, all Firms of Solicitors must be registered with and regulated by the Solicitors Regulation Authority. In addition to this, every firm and qualified legal advisor in that firm are registered with The Law Society and answer to the Legal Ombudsman.
This not only ensures your Will is undertaken and supervised by practised experts but also gives you peace of mind that there is insurance cover for any problems that could arise, should you ever need it.
Possibly the biggest danger about using unregulated Will writers is that they are often new companies with little heritage; there is no guarantee they will last. If your Will writing company dissolves, it is entirely possible your Will could disappear with it.
When using a Solicitor, you can take comfort knowing that your Will is stored safely and will be readily available whenever it is needed. Regulated law firms must have a safe, secure storage and continuity plans in place, meaning no registered law firm can close without all their work and documents being passed to a new firm. Even in emergency circumstances, The Law Society themselves will intervene to ensure this is the case.
When it comes to something as important as making provisions for your loved ones, you should be able to rely on the peace of mind that comes with using a Solicitor. Our Wills and Probate team offer expert advice and assistance on Will writing across Essex.
If you have any questions or need to make a Will, call us on 01268 692 255 or email email@example.com.