Advisers must “exercise care” said Eddie Goldsmith, senior partner at Goldsmith Williams when recommending third-party suppliers to clients.
Williams, said: “Many people assume that will writing firms are solicitors, which is not the case. Specialist will writers are unregulated, which can expose clients to unnecessary risks.”
He added the will writing services offered by solicitors are governed by law, where all solicitors are fully insured and covered by the solicitors’ compensation fund, which protects consumers if a mistake is made.
“Solicitors are professionally trained and have a duty of care to all clients. Unfortunately, not all will writing firms uphold the same high standards, as the Panorama programme revealed last night,” said Goldsmith.
Family disputes are a common result of poorly written wills, according to another law firm, Thomas Eggar.
Paula James, partner for the firm, said: “In one case will writers had drafted a will for a couple leaving everything to their daughter, but the will did not provide for the possibility that the couple may have further children. When the couple died leaving everything to their eldest daughter, and excluding the two other children, a bitter and expensive family dispute ensued.”
In another case involving an elderly and vulnerable client the basic records kept by the will writer made it difficult for the relatives to satisfy themselves that the client had sufficient mental capacity to make the will and that he was not subject to the influence of his carer who received a substantial benefit under the will.”
