ePolitix.com speaks to Robert Heslett, president of the Law Society and Mencap's wills and trusts solicitor, Aarti Gupta about unregulated will writers.
How are the Law Society and Mencap working together to campaign against unregulated will-writers?
Mencap is supporting the Law Society in its call for the regulation of will-writers, because an increasing number of parents who have contacted its wills and trust service have reported problems with unregulated will-writers, in terms of incorrect advice, high charges and unsatisfactory wills being written. Mencap feels that parents of children with a learning disability are being targeted by rogue unregulated will-writers, who offer their services without being upfront with parents about their lack of qualification and experience in this highly technical area.
How did the partnership between the Law Society and Mencap originate?
The Law Society asked practitioners for views on unregulated will-writers, as part of its review of this area. Mencap responded in regard to how this problem can affect people with a learning disability being left money in a will.
How big an issue are badly drafted wills?
Sadly, the overwhelming feedback the Law Society has received, from solicitors who are sorting out the mistakes left by will-writers, reveals only the tip of the iceberg. The Law Society's research found that some 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. In some cases, will-writers were appointing themselves as executors and offering related legal services for which they were not trained or regulated, such as powers of attorney, obtaining probate, conveyancing and even tax advice, at an additional cost. Other cases involved the will-writing company being wound up and disappearing with all of their clients' will documents, or family members being left out of a will against the wishes of the client.
What consequences can badly drafted wills have on the life of a person with a learning disability?
Badly drafted wills have can have 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.
Also, if someone with a learning disability does not have the mental capacity to deal with their financial affairs and is left an inheritance, then this will lead to an application to the Court of Protection for their financial affairs to be dealt with on their behalf, which could result in a court official dealing with the vulnerable person's affairs rather than a family member.
If an MP has a constituent in this situation who should they put them in contact with?
The Law Society has a solicitor search engine on its website where people can find a wills expert in their local area. It can be found at www.lawsociety.org.uk by clicking on the 'find a solicitor' link.
How do these findings on illegal wills tie in with Lord Hunt's review on the regulation of legal services?
The Law Society's findings come soon after the publication of Lord Hunt's review of the regulation of legal services. Lord Hunt's findings included concerns raised about will-writing and probate being carried out outside the regulatory net, exposing the public to a growing risk. He suggested that there should be increased consumer protection in these areas.
