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28 October 2021
Issue: 7954 / Categories: Legal News , Profession , Wills & Probate , Technology
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Online wills storing up trouble?

Increased use of simple online wills could lead to a surge in unsuitable and contested wills, a funeral research and consultancy firm has predicted

In a report published last week, Funeral Solution Expert revealed its research, using nationally representative surveys among UK consumers, had uncovered ‘fundamental problems’, with wills too simplistic for many people’s circumstances. The will writers did not always ask sufficient questions to determine if a ‘simple’ will is suitable for an individual’s circumstances or provide clear warnings of the risks involved. Moreover, nearly a quarter (23%) of consumers did not read or understand the terms of the will they signed.

In particular, the report highlighted that online will writers are unregulated and offer little liability for anything going wrong, which means bereaved families would have nowhere to complain and no legal right to any compensation. 

Online wills have surged in the past year, fuelled by the pandemic.

Factors that could make a person’s affairs complex include marital status, children from previous relationships, assets held, business ownership and self-employment, overseas property and intention to disinherit a family member. However, the analysis found some will writers only asked three or four simple qualifying questions and did not check the customer’s mental capacity to make the will. This problem was exacerbated by the fact 65% of customers who claimed to have simple affairs actually had complex affairs.

Michael Culver, chair of Solicitors for the Elderly, said: ‘It’s shocking that while solicitors are required to have professional indemnity insurance covering claims potentially as high as £2m or £3m (and many firms go for optional additional cover that can take this as high as £10m per claim), other professionals offering wills limit their liability to the cost of the will. £200 compensation doesn’t seem sufficient to cover a mistake that could end up costing someone their entire estate or inheritance.’

Issue: 7954 / Categories: Legal News , Profession , Wills & Probate , Technology
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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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