Willwriting code of practice ineffective – Wright Hassall
THE introduction of a new code of practice for non-lawyer will-writers will be ineffective, a Midlands solicitor has said.
The code, which was approved by the Office of Fair Trading, requires members of the Institute of Professional Willwriters to take exams, complete ongoing training and give customers powers of redress.
However, John Rouse, a partner in Leamington Spa-based Wright Hassall’s Wills, Trust and Tax department, said there were key problems the code had failed to protect against.
“The theory behind the code of conduct was that customers who choose not to use a law firm will know the standards are still high and there is little risk,” said Mr Rouse.
“But it hasn’t effectively addressed the main problems with non-lawyer will-writers. For instance, one key issue we often come across is that if a will-writing company goes out of business, the original will cannot be located.”
“For law firms, there are safeguards so that wills would be automatically transferred to another practice, but this new code hasn’t fixed that for non-law firms. The result can potentially cost a lot of money and cause a lot of heartache,” he added.
He said nothing had been done to provide customers with transparency on what they might be paying.
“Many of these businesses charge low initial fees, but then hide fees for storing the will. When customers realise that, it’s often too late.
“Having a code is better than not, particularly if it bridges the wide gap in expertise, but it has not gone anywhere near far enough.
“We’ll have to wait to see how good the training they must undertake is, but it would need to train non-lawyers in specific areas of law and tax which are essential in a well prepared will, and I can’t see that happening in the short courses this code aims to implement,” he added.
