We always advise that it is best to instruct a specialist wills solicitor to prepare your will. This is because using unqualified, rogue will writers can be risky and potentially harmful for several reasons. Here are some key reasons why you should avoid using unqualified will writers.
1. Lack of Professionalism
Rogue will writers may lack the necessary qualifications, training and experience to draft a legally valid and comprehensive will. They might not adhere to professional standards or best practices, increasing the likelihood of errors or omissions in your will.
2. Legal Compliance
Will writing involves intricate legal requirements, such as the proper execution of the document and the inclusion of specific clauses. Rogue will writers might not stay updated on the latest laws and regulations, potentially rendering your will invalid or subject to legal challenges.
3. Inadequate Advice
Trustworthy professionals, such as solicitors, have a duty of care towards their clients. They provide tailored advice based on your individual circumstances, ensuring your will reflects your intentions. Rogue will writers may not possess the necessary expertise to offer accurate advice, leaving you with an inadequate or improper estate plan.
4. Lack of Accountability
Established professionals are usually accountable to regulatory bodies or professional organisations. For example, solicitors are regulated by the Solicitors Regulation Authority. This provides a degree of oversight, ensuring they meet specific standards and ethical guidelines. Rogue will writers, on the other hand, often operate outside of any regulatory framework, making it difficult to hold them accountable for any mistakes or misconduct.
5. Potential Fraud and Exploitation
Unfortunately, some rogue will writers take advantage of vulnerable individuals. They may use high-pressure sales tactics, overcharge for their services, or manipulate clients into leaving bequests to themselves or their associates. This can result in financial loss for the testator and their intended beneficiaries.
6. Limited Legal Remedies
If something goes wrong with a will drafted by a rogue will writer, your legal recourse may be limited. Without proper documentation, it can be challenging to prove any negligence making it difficult to seek compensation or rectify the situation. Unregulated and rogue will writers may not have professional indemnity insurance. On the other hand, solicitors are obliged to have insurance to cover any professional negligence claims.
7. Long-Term Consequences
A poorly drafted or invalid will can have significant long-term consequences for your loved ones. It may lead to disputes, delays, and additional expenses during the probate process. Your intended beneficiaries might not receive the inheritances you intended, and your estate may not be distributed according to your wishes. To ensure your will accurately reflects your wishes, protects your assets, and minimises potential legal complications, it’s advisable to consult a qualified professional and avoid unregulated and rogue will writers.
Levi Solicitors can help. Our team are will writing experts. If you would like to make an appointment for a new will, or for some advice on whether your current will is valid, call us on 0800 988 7756 or book an appointment online.
If a loved one has died leaving a will that you think may not be valid, our disputes team can help. We have experience in wills disputes, and have a dedicated professional negligence team if a claim against the will writer is appropriate. Call us today to talk to the team.