Pre-Paid Probate Costs and Unregistered Will Writers

We have had a number of regular long standing clients of this firm seek advice over the past eighteen months following doorstep or telephone selling of unregulated legal services. What we have seen has been cause for genuine concern.

At present anyone regardless of training or qualification can write a will for someone else or set up a will writing business. Those wills that we have seen written by such unqualified parties have varied in quality. Some have been well drafted whilst others have been total gobbledygook. Very often the poorest examples have been very expensive and certainly more than this firm will charge. A common theme with the worst is a high charge but a payment back for the introduction of a friend or relative who also gives instructions to carry out work.

There is obviously freedom of choice, no one has to instruct a solicitor. However, be wary. Does the person offering to prepare the will have appropriate qualifications; are they a member of any regulatory body; do they carry insurance if a mistake is made? Litigation over wills and estates generally is increasing and it is important that if, for whatever reason, the will is not right then the person who prepared it has full insurance to cover any claim (whether or not the party responsible is still around).

If you are approached, or are considering making a will in any event, speak to a solicitor. Find out what the cost is for the solicitor to prepare the will, whether a home visit will be made if required, the position with will storage and any other queries that you might have (if something concerns you it isn’t trivial, so ask).

On a similar vein to the above, we have had a number of clients sold pre-paid probate packages. Pre-paid funerals have been around for many years and, although not for everyone they may appeal to some. Pre-paid probate packages are the equivalent of this for winding up the estate but, we consider totally inappropriate and to be avoided.

The worst example advised on last year was a client (again doorstep selling) who was elderly with very modest savings and owned her own home. She paid £5,000 for this service (which appears not to include the cost of selling the property) taking most of her savings. Again there was an offer to make payment to her for an introduction to a friend or relative.

Had she instructed solicitors to deal with her estate on her eventual death, there would have been no charge to her during her lifetime, the eventual charge to her estate on today’s cost would have been less than £1,000 and the solicitors would have existed to carry out the wishes. In this regard if a solicitors firm ceases for any reason it doesn’t simply disappear and the Solicitors’ Regulation Authority ensure continuity. On the other hand if the company that charged £5,000 in advance no longer existed then there would be nothing.

In summary, proceed with care. That doesn’t mean to say that you have to instruct a solicitor but consider it. It may not be as expensive as you think. You will be dealing with somebody who is legally trained to undertake the work, is a member of a regulatory body and has insurance in the unlikely event that something goes wrong and there will be continuity. Most solicitors are willing to have an initial without obligation discussion so take advantage of that.