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The ticking time bomb

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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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