Will writing situation could worsen in 2011

Leading law firm, Moore Blatch is warning that consumers, who are already being exposed to poor, often unscrupulous, or even illegal Will writing and execution practices, could be exposed to a complete debacle in October 2011 if the Legal Services Act is implemented without appropriate controls

The Act, which followed the Clementi Review and which is often referred to as Tesco’s law, was intended to reform legal services and introduce greater competition in the UK.

However, Moore Blatch warns that, unless stringent controls are implemented it could lead to a ‘wild west situation’ with unqualified and unregulated people undertaking complex legal work that could potentially cost consumers thousands of pounds.

Moore Blatch would like to see clear declarations on the limitations of any advice (or lack of) being offered, whether this is from an off-the-shelf Will from high street providers, an execution only service from an online provider, face to face advice by legally unqualified sales persons to full legal advice.

Carla Brown, senior solicitor at Moore Blatch said: “The average consumer would rightly expect all Will providers to offer highly trained staff with a full understanding of the law and estate planning, and to have the same degree of protection as solicitors if the matter goes wrong. However we are already concerned that the current situation has serious flaws, with people setting up inappropriate documents. The consequences of such actions are not only monetary, but could also lead to the Will being invalid or not fully implemented.”