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LSB launches investigation into Will writing

The panel recommended that Will writing services should be regulated.

The Legal Services Board confirmed in a statement that, in light of these recommendations, it had "concluded that it should begin a formal statutory investigation to identify what changes there may need to be to regulation in these three markets." Dr Dianne Hayter, chair of the Legal Services Consumer Panel, said "The panel was shocked by the poor quality of wills." The panel's research predominantly took the form of 'mystery shopper' exercise, where one in five Wills were considered to be inadequate.

Proposals for such regulation include that all providers would have to demonstrate they are competent to write wills, follow a code of conduct and allow complaints to the Legal Ombudsman. It has been suggested that in the non-solicitor sector this would follow the framework of the existing scheme operated by the Institute of Professional Will writers.

During the mystery shop exercise, the Panel found that home-made Wills were amongst the most likely to fail the assessment. Four out of 24 were invalidly executed, while many failed on the grounds of quality.

The chair of the Legal Services Board, David Edmonds, confirmed that it would consult widely on the panel™s findings. This will include asking the existing regulators to consider implementing changes immediately to improve standards. This is the first time that the board has embarked on an investigation to look into whether a particular activity should become 'reserved', meaning that it can only be undertaken by those approved by the industry™s approved regulators.

If you want to make sure of the future for your loved ones then give us a call on 01604 828282 or 01908 660966. Alternatively you can fill out our online contact form for immediate completion and send it to us. Our Wills and Probate department are always on hand to help.

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