Law Society and Mencap join forces to protect vulnerable people from unregulated will writers.
Date Published: 29-10-2009
29 October 2009
Law Society and Mencap join forces to protect vulnerable people from unregulated will writers.
Vulnerable people with a learning disability are being left without a trust or adequate provision following their parent's death due to 'nightmare' wills from unregulated will writers the Law Society has found.
Recent Law Society research found that badly drafted wills can render the deceased's estate wholly or partially intestate with poor tax planning, 'vanishing wills' and hidden charges, which can run to much higher costs than the initial advertised price.
As many individuals with a learning disability are dependent on parents or carers into adulthood, the Law Society stresses it is of particular importance to have a legally-binding will that will ensure adequate provisions are made, such as a trust.
Law Society President, Robert Heslett, says:
"Solicitors know of so many cases of people who have turned to them for help after being left with what can only be described as nightmare wills by will writers. In many cases, the victims are not aware their will writer is not regulated nor insured, so there is no means of redress if things go wrong.
"When the victims of these wills are especially vulnerable people who need to be provided for in a trust, our advice to use the services of a solicitor is of particular urgency.”
Aarti Gupta, the in house wills and trusts solicitor at Mencap, says:
“We have seen several cases where badly drafted wills have had dire consequences for people with a learning disability, leaving them without adequate financial protection following a parent's death. Often when the terms of a will do not include a trust being set up for them, they end up inheriting sums of money outright which in turn may affect their eligibility to means-tested benefits and make them vulnerable to financial abuse from others.
"At Mencap we provide a range of guidance literature and free telephone advice to parents and carers of a person with a learning disability, as well as a free nationwide seminar programme run in conjunction with specialised local solicitors.”
Hidden Charges
In many cases the unregulated will writers will sell ancillary services such as estate administration and power of attorney, meaning soaring costs and an even bigger mess when solicitors have to step in to rectify the situation.
The Law Society found that many will writers were advertising low cost wills, but that in reality the customer was given a much larger bill at the end of the process.
"We advise people in this situation to consult a solicitor to check the accuracy of their will before it is too late. While the initial cost of using these will writers can appear cheap, rectifying the damage if things go wrong can add up to much more," added Robert Heslett.
The Law Society's findings come soon after the publication of the Lord Hunt review of regulation of legal services. Lord Hunt's findings included concerns raised by what he referred to as a "fringe legal market" in will writing, probate and claims handling, which exposed the public to a growing risk.
The Law Society reminds everyone to use a solicitor. Whatever your question they are qualified to answer.
Ends
Notes to editors:
The Law Society conducted its research on a qualitative feedback basis. Many of the solicitors providing the case studies have agreed to speak about the experiences their clients have encountered with will writers.
If you do not already have a solicitor, call the Law Society on 0870 606 2555 or visit the Law Society website at www.lawsociety.org.uk and click on the ‘find a solicitor’ link.
Contact the Law Society Press Office on 020 7316 5624 to find out more about the case studies.
For more information on Mencap’s wills and trusts information service, call 020 7696 6925 or visit the website: www.mencap.org.uk/willsandtrusts
