LSB Launches survey to explore Will Writing regulation

The Legal Services Board (LSB) are conducting research to better understand the legal services market which is not covered by the regulators they oversee.

The survey has been launched alongside the Society of Willwriters (SWW) and explores the services will writers offer, how those services are resourced and the businesses are structured.

The survey is open to all within the Will writing community and members and non-members are encouraged to participate.

Encouraging the whole of the community to engage, Director General of the SWW Anthony Belcher says

“The Society of Will Writers has been championing self-regulation for over 27 years now and our Members and other will writers provide an essential service to the public. This survey that The Legal Services Board is conducting with us is an excellent opportunity for these will writers to have their voices heard, as well as evidence the benefit of using a self-regulated provider.

I would encourage as many people to respond to the survey if able, as the more responses received, the better the better all our understanding of the sector will be.”

To view and respond to the survey CLICK HERE

For many, the regulation of Willwriting would be welcome. Following the announcement that the funeral planning sector would become regulated by the FCA earlier this year, Portcullis Legals Chief Executive Trevor Worth suggested regulation for Willwriters should follow:

“My one fear is that those who market funeral plans now will just migrate to the unregulated wills sector as there is no barrier to entry and the same level of malpractice will continue with no one to answer to”

“Whilst most estate planners I know would welcome regulation of the Willwriting sector despite the associated burdens that would bring, it would also give greater clarity and protection to the consumer who are currently dealing in some cases with a Wild West approach to who they choose to provide that advice”

“You only have to look on LinkedIn to see the number of experts that have attended a one day course but are now extolling the virtues of their expertise on trusts despite having no experience and no professional qualifications.”

1 Comment

  • test

    Not sure why the Legal services board has decided to launch a survey “alongside the Society of Willwriters (SWW) ” The society members are very small when compared with the number of non regulated will writers producing business in the market place. The survey will not achieve what the legal services board want to achieve if that is to find out what the majority of will writers think by going through another membership organisation . Many speak about wanting to be regulated without knowing how that regulation will look and the effect on the bottom line for the client. I believe many think that it will generate more work for those regulated where I have a feeling the opposite will happen. Having worked in the unregulated will writing sector for many years I have not had a problem finding clients and one cannot be certain but I suspect that the unregulated sector drafts more wills than the regulated sector.
    Some recent events also make me sceptical of the advantage of the regulated sector. For instance the recent issues with McClures and their client being left in a mess does not say one is better dealing with a regulated company. The clients are having to pay to extract them selves from the problems they have even though McClures were regulated.
    Certainly happy to contribute to any survey if I am going direct to the Legal Services Board.
    Regulation unless carefully drafted will not solve the problems but adopting IT solutions that reduce risk for the client in the drafting of wills and other associated documents but the current regulated sector seems to be against any progress at all. The 1837 wills Act says it all about where we are as an industry in adopting safer, quicker and hence cheaper drafting of documents. Please pass me my quill and inkwell I have some documents to sign!!!!!!!

Comments are closed.

Today's Wills and Probate