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.’
