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20 February 2013
Issue: 7549 / Categories: Legal News
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Stamp of authority for will-writers

But estate administration excluded from statutory regulation

Moves to make will-writing a reserved activity do not go far enough to protect the public from fraud and incompetence, say will-writers.

Consumers often suffer problems such as high pressure sales tactics and poorly drafted wills, and problems usually only come to light after someone has died. By then, it is very difficult to put matters right.

The Legal Services Board (LSB) recommended to the Lord Chancellor last week that will-writing should become a reserved (or regulated) activity. However, the recommendation does not extend to estate administration.

The Society of Will Writers said it was “disappointed” as it had “long identified and reported the fact that many of the cases identified as poor wills was due more to poor or fraudulent estate administration than to the actual quality of the will”. It called on the LSB to “look again” at estate administration.

The Institute of Professional Willwriters (IPW), which has campaigned for more than 20 years for will-writing to be regulated, launched a voluntary code of practice for will-writers in 2010, but only a minority of practitioners joined the scheme.

It warned in a statement that omitting estate administration, which involved handling a deceased person’s money and assets, posed a “huge risk” to consumers since sums often amounting to hundreds of thousands of pounds were “susceptible to loss due to fraud or theft” during the process.

Alan Kershaw, chair of ILEX professional standards, says: “It is likely that public and consumer protection will be compromised if the result is that less competent and professional providers shift to estate administration—the part of the process which is most profitable, and where the need for client protection measures is greatest.” 

In its announcement, the LSB said it had “considered carefully the reported risk of fraud in estate administration” but concluded that “statutory regulation would not be effective in preventing what amounts to criminal behaviour”.

Writing for this week’s NLJ, Paul Sharpe, the Chairman of IPW says: “I know many, many
will-writing professionals who are desperate for the services that they provide to become regulated. Not only will that see off the cowboys and the incompetent but it will enable them to stand out in the market with the credibility that they deserve.”

Issue: 7549 / Categories: Legal News
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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