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14 February 2008 / Paul Sharpe
Issue: 7308 / Categories: Features , Procedure & practice , Regulatory , Wills & Probate
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The ticking time bomb

Paul Sharpe bemoans the lack of regulation in willwriting

To regulate, or not to regulate, that is the question—or at least it should be. Willwriting is a huge responsibility, the level of accuracy and clarity of a will making the difference between a deceased person’s last wishes being enacted, or their loved ones being caught up in years of expensive legal wrangling.

Unfortunately, however, in a world where even the sale of a £10.99 travel insurance policy has to be regulated by the Financial Services Authority (FSA), a will, potentially dictating what happens to six figure sums of money, can be drawn up by anyone. If a consumer approaches the milkman, or the student who flunked all their exams and needs some fast cash, they will find someone able to draw up a will for them without any fear of the law hitting them hard. This is the sorry state of affairs existing in willwriting. Fundamentally, those professionals who wish to distance themselves from the incompetent, fraudulent and fly-by-night operators only have
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MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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