Govt rejects calls to regulate will writing

15 May 2013 10:16 am | By Samuel Dale

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The Government has rejected calls to regulate will writing despite the recommendation of the Legal Services Board.
After a two-year investigation, published last November, the LSB found people’s lives were being “seriously damaged” by incompetence or misdemeanour when drafting wills.

It recommended the regulation of will writing, probate and estate administration by the Ministry of Justice giving consumers access to the Legal Ombudsman.
The LSB is responsible for overseeing the UK’s legal regulators and ensuring they act in consumers’ interests.

Justice minister Helen Grant says: “When people write a will it is extremely important for them to have peace of mind that their affairs will be dealt with how they want them to be.
”That is why we have agreed with the LSB that there is room for improvement in this area. However we are not convinced that regulation is the best way forward - we believe other options should be explored first, including better guidance for professionals and making better use of existing consumer information and protection.”
LSB chairman David Edmonds says: “Naturally we are disappointed by the Government’s decision. However it is their decision alone to make and we will study the details and respond in due course.
“In the mean time the LSB will work with Ministry of Justice officials, consumer groups, providers and other stakeholders to ensure that the issues are tackled and that consumers’ confidence in the market for will writing services is increased.”

Law Society chief executive Desmond Hudson says: “Consumers have been let down by this deeply disappointing decision. We provided plenty of evidence to the LSB, demonstrating that consumers are at real risk from certain unregulated will writers who can be incompetent, untrained and uninsured.
“Thanks to the Government’s decision today, unregulated providers can carry on writing wholly unsuitable wills, leaving consumers without any recourse when things go wrong as a result.”