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Panorama Highlights Dangers of Using Will Writers

In this week’s Panorama programme, presenter Vivian White highlighted the risks in using a will writing service. Many people are under the false impression a ‘will writer’ is a solicitor, but unlike a solicitor they do not have to undergo any training, have insurance, and are not regulated by any organisation which ensures that they conduct their activities in the interests of the consumer and provide some form of redress, if things go wrong. If they go out of business, there is little that can be done- sometimes the will cannot be found, even where charges have been made for storing it.

Andrew Poole’s wife, Suzanne used a will writer, but the will failed to include any provision for him, leaving the entire estate in trust for his stepdaughters. Caroline Bielanska, Chief Executive of Solicitors for the Elderly, appeared on the programme, and expressed concern that a spouse had not been provided for. The will writers appeared to have failed to advise on his right to bring a claim against the estate for inadequate provision. She said, ‘a specialist solicitor would have asked why a spouse was left out, kept a detailed record of those reasons and advised of the high risk that the will would be challenged’. Solicitors are in the business of giving legal advice, taking into account the client’s domestic and financial circumstances- it does not appear that Suzanne Poole received any such advice’.

The lack of regulation has enabled many will writers to adopt high pressure selling techniques which was illustrated in the programme, often offering wills for a low or discounted fee, and then recommending themselves to be appointed as executors, selling other services without full advice, such as transferring the home into a trust in an attempt to avoid care fees. Terms and conditions can be poorly worded and difficult to understand. In secret filming undertaken by the BBC for the programme, an elderly couple was not told the details of charges which were confusingly set out in writing but then taken away by the will writer.

The fear of solicitors costs, prompts some people to use will writers. Sue Cash from Ridley & Hall LLP of Huddersfield commented, “Solicitor’s are required to set out in writing the basis of their charges, and in many cases wills are undertaken for a fixed fee with free storage of wills and other documents.” Recent research by the consumer group, Which? found that the average fee for will drafted by a solicitor was £130, compared to a will writer of £107.

Sue Cash said, “This programme highlights the potential for getting it wrong without full legal advice and the need for proper regulation of will writers. It can be very costly to undo after you have gone and can leave your family in disarray when they have to pick up the pieces as problems generally only come to light when you have died.” 

SUE CASH AND JILL WADDINGTON OF RIDLEY & HALL
BECOME MEMBERS OF
SOLICITORS FOR THE ELDERLY in November 2009

Sue Cash, head of the private client team at Huddersfield based solicitors Ridley & Hall, and Jill Waddington, solicitor in the private client team, have after a rigorous vetting procedure been accepted as members of the national association 'Solicitors for the Elderly' (SFE).

SFE is an association of lawyers who specialise in legal services for older people and their carers. Members of SFE have a wealth of experience within this key legal area and they are required to have spent a substantial amount of time working for elderly clients. The aim of this national association is to improve the knowledge and service provided on legal issues including: tax planning, wills, powers of attorney, long-term social and health care and other retirement issues.

Ridley & Hall solicitors are unique in Huddersfield in that they are the only firm with two SFE members.

Ridley and Hall provide a variety of specialist legal services. The firm has a team of lawyers who specialise in legal issues for the elderly. Sue and Jill’s membership of SFE will provide clients with the assurance that Ridley & Hall has wide ranging expertise in providing legal services for older people.

Sue said: "I have been specialising in legal services for the elderly for fifteen years, and am looking forward to continuing my development in this area so that I am able to give my clients and colleagues first class legal advice in a field of law which is constantly evolving, as the requirements of the elderly population change.”

Contact:

Sue Cash Head of Private Client Department
Ridley & Hall Solicitors Queens House 35 Market Street Huddersfield HD1 2HL
Tel: (01484) 538421
Email: susan.cash@ridleyandhall.co.uk