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The Society has described plans by the Legal Services Board to make will writing and estate administration services reserved activities as a major boost for consumers.
The LSB has today announced proposals to bring will-writing and estate administration services within the scope of legal services regulation. The proposals would, for the first time, see these services brought within the list of “reserved activities? and all those who provide these services will be regulated.
The Law Society’s dedicated campaign on this issue has been motivated by the absence of regulation for will writing and estate administration services and the damage that the absence of such protection can have on the public.
The LSB, the independent body responsible for overseeing the regulation of legal services in England and Wales, has reviewed all of the available evidence about the problems suffered by consumers in these areas, and conducted original research, to identify the risks to consumers.
The LSB’s investigations found systemic problems with the services delivered by many different types of provider, often resulting in an, “unacceptable service” in which consumers, “were subjected to unfair sales practices”, in addition to, “well-documented examples of fraud and deception.”
The Law Society, in its submission to the Legal Services Board’s call for evidence into will writing, estate administration and probate activities in November 2011, highlighted the potential risks which arise when unregulated providers are able to draft wills and administer estates without offering consumers any form of protection.
Law Society President John Wotton said: “We are pleased that the Legal Services Board has listened to our concerns and have identified the risks with regards to using an unregulated and untrained will writer. It is good news for consumers that regulation and monitoring will be put in place to protect their interests and those of their beneficiaries and the assets in their estates. However, the LSB must now ensure that there is a level playing field between the different providers of will-writing and estate administrations services, ensuring the highest quality of protection for consumers.
“All solicitors are subject to strict regulation to ensure that they deliver the best service to their clients. Solicitors are required to have insurance, which protects the public, and to demonstrate high ongoing levels of competence; while the Law Society, which represents solicitors in England and Wales, also provides a compensation fund to address any defaults by any Solicitor. Choosing a solicitor ensures a high level of service and expertise plus guaranteed consumer protection. Regulation in the area of will writing, probate and estate administration services will only be effective if it is of a similar standard to that already imposed on solicitors. Therefore, it will be vital that all the regulated providers are subject to the same level of regulation and enforcement.”
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Notes to editors:
The Law Society is the independent professional body, established for solicitors in 1825, that works globally to support and represent its members, promoting the highest professional standards and the rule of law.
The Society has launched a dedicated 'issues' page on its website, which contains a campaign booklet, setting out the problems unregulated will writers cause and the arguments for their regulation. Visit the campaign page: http://www.lawsociety.org.uk/currentissues/willwriters.page
View the Law Society guide to making a will: http://www.lawsociety.org.uk/choosingandusing/commonlegalproblems/makingawill.page
Contact: Catherine Reed, The Law Society
+44 (0)20 7320 5902