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3rd Nov 2009
Galvin backs national will campaign
A Yorkshire solicitor has given her backing to a national campaign to raise awareness of the problems unregulated and unscrupulous will writing services can cause.
Angela Galvin, head of property, wills and probate at Barnsley-based Raleys Solicitors, says she has come .jpg)
across an increasing number of people who have needed wills completely rewriting after paying out hundreds of pounds to will writing companies. She said she has seen wills full of meaningless jargon, and has come across cases where clients have been forced to pay hidden and ongoing charges, and even instances where will writing companies have made themselves trustee and executor of estates.
across an increasing number of people who have needed wills completely rewriting after paying out hundreds of pounds to will writing companies. She said she has seen wills full of meaningless jargon, and has come across cases where clients have been forced to pay hidden and ongoing charges, and even instances where will writing companies have made themselves trustee and executor of estates.Angela’s experiences are supported by a recent nationwide survey of its members by the Law Society, which has launched a campaign urging the public to avoid unregulated and uninsured will writers and seek expert legal advice from a licensed solicitor.
She said: “I have come across numerous examples of clients having shoddy, badly written and sometimes not legally binding wills that have been written by unregulated will writers.
“It is often older people who are duped into continuing to hand over money or left confused by wills which are packed with obscure legal clauses they don’t understand. They often don’t even know there is a problem until they attempt to amend their will, usually to take account of grandchildren.”
Angela said some of the examples she had encountered included people being forced to pay storage costs for wills and not having them returned because ‘it’s the law.’ Others have been charged a monthly amount for the rest of their lives to cover the cost of probate and many have reviewed their wills to discover that will writing companies have inserted themselves as executor of their estate.
She added: “A will is one of the most important legal documents you will ever create and seeking proper legal advice is vitally important. They needn’t be complex documents; it is possible to draft a will that is in plain English.
“Fundamentally, making sure your will is drafted properly will ensure your wishes are carried out correctly and prevent you leaving unnecessary problems for your family.”
The Law Society’s research found that while some will writers were advertising low cost services, final bills were being inflated by a raft of hidden charges.
Others were offering related legal services for which they were not trained or regulated, such as powers of attorney, obtaining probate, conveyancing and even tax advice – all at an additional cost.
Law Society president Robert Heslett said:“There may be rare instances when the solicitors get it wrong, but the difference between a solicitor and a will writer is that they are legally trained, robustly regulated and are covered by indemnity insurance, which provides recompense to clients. Most will writers are not insured.
“Sadly, the feedback the Law Society has received from solicitors who are sorting out the mistakes left by will writers is just the tip of the iceberg.”
ENDS
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