You wouldn’t be surprised for thinking that we would say that anyway, but the Legal Services Board has proposed that will writing, estate administration and Probate should only be carried out by regulated legal professionals. The Legal Services Board has undergone a consultation raising the question of whether only legal professionals should carry out such tasks. They have received many comments and examples of bad practice from non qualified will writers. Their overwhelming recommendation is that will writing and the related subjects should just be carried out by properly qualified lawyers. The Legal Services Board has put its recommendation to the Law Chancellor who will make a decision in early 2013.
We responded to the consultation. We had an estate here where the deceased had made a will through a will writer. He had paid for this service. It was a beautifully typed and bound will. It was beautifully witnessed by the witnesses but the trouble was that the deceased had never signed it himself!
This meant that the will was invalid. It meant the intestacy rules applied and laid down which beneficiaries inherited. The whole purpose was to skip a generation so that the estate didn’t go in the payment of care fees. This ended up being exactly what happened.
The private client department at Blacks is not only experienced in writing wills but also in explaining to people making Wills how their wishes will work practically following their death. The three of us in the department have over 50 years experience in total in this area of law.
If we can assist please contact us.
Mrs K A Jordan 0113 2279231
22 Clarendon Road