The Legal Services Board (LSB) has issued a call for evidence on whether will-writing should become a reserved activity
It launched a statutory investigation last month, after its consumer panel recommended that will-writing be reserved.
The panel’s report, Regulating will-writing, highlighted problems such as delays, overcharging, poor communication, fraud and errors that led to further difficulty with probate and administering the estate. Wills were sometimes lost altogether. A mystery shopping exercise among 101 consumers found wills that failed to reflect the client’s intentions.
The consumer panel recommended the introduction of formal qualifications, conduct rules, ongoing training and periodic reaccreditation, consumer redress and sanctions for misconduct.
Solicitors, legal professionals and members of the public are asked to give their views on how best to protect consumers of will-writing, probate and estate administration services by 4 November 2011.
The LSB may then make a recommendation to the lord chancellor that will-writing be reserved and, if so, what regulations should be put in place.
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