Hewitsons welcomes Panorama investigation into unregulated will writers

The BBC's Panorama programme has revealed that unsuspecting consumers are being duped out of thousands of pounds by unregulated will writers, a situation which can easily be avoided by employing the services of a solicitor writes Emma Satterly, solicitor at Hewitsons.

The Final Rip Off? broadcast on Monday (Aug 9) uncovered cases where initial will-writing fees of £75-£100 rose to thousands of pounds, with clients and families of the deceased then being charged fee percentages for handling estates after death, which they were never told about.

One company lost a will even though a fee was being charged for it to be safely stored. Other beneficiaries struggled to receive the money owed to them, and cheques from the company they were dealing with bounced.

"The Panorama programme lifted the lid on some fairly unscrupulous behaviour by companies when it comes to will writing services," said Emma. "Under English law it has always been possible to prepare your own will and historically this has led to a perception that little skill is involved in writing one. However, problems clearly occur when wills are prepared by unregulated and unqualified people."

A recent survey by the Society of Trust and Estate Practitioners revealed that 75% of its members have encountered examples of incompetence or dishonesty in the will writing market in the last 12 months. Two thirds of respondents reported hidden fees which were not outlined in the stated price, and 63% had direct experience where will writing companies had gone out of business and disappeared with clients' wills.

Emma continued: "Unlike will writers, who require no formal training and are not regulated, solicitors are well qualified and bound by the rules of the Law Society. They are also obliged to carry indemnity insurance so, should something go wrong, there is a fund from which compensation can be paid."

More than half of UK adults have yet to write a will, according to a recent poll for charity Barnardo's, while Government records show that two thirds of UK adults still do not have a Will – a figure which has remained relatively stable for decades. The number of High Court cases involving disputes over Wills has also risen in recent years as a consequence of the recession.

"If you die without a will and you leave behind a family they will receive all your personal belongings and the first £250,000 of your other assets, but if these include a house they may not inherit it outright," said Emma.

■ Hewitsons now offers an online will questionnaire, which allows people to take the first important steps in drawing up a will in just 10 minutes. By completing a series of questions concerning their family and financial circumstances, a lawyer from Hewitsons' highly rated Private Client team will be able to assess an individual's situation and contact them to advise on the options available. For more details go to www.hewitsons.com