Harvey's posterous

The Scourge of Unregulated Will-Writers

New Law Society research has shown an alarming trend that leaves some of the most vulnerable people in society horribly exposed.

Robert Heslett, the Law Society President said: "Solicitors know of many cases of people who have turned to them for help after being left with what can only be described as nightmare Wills by Will-writers. In many cases, the victims are not aware their Will-writer is not regulated nor insured, so there is no means of redress if things go wrong."

Although these cowboy Will writers can affect anybody, sadly the research shows evidence of people with a learning disabilities being left in the lurch without the necessary trusts or adequate provisions after a parent or guardian’s death because of totally unsuitable Wills drawn up by incompetent and unregulated Will-writers.

Since people with learning disabilities are often very dependent on those caring for them right into adulthood, it is, of course, particularly important that they are fully protected with a properly drawn up and legally binding Will that ensures adequate provisions are made to care for them in all eventualities.

A poorly drafted Will often results in a situation where the deceased's estate is rendered wholly or partially intestate. Other problems that can arise include faulty tax planning, 'vanishing wills' and very expensive hidden charges.

In fact, ironically, it seems that it is usual for the unregulated Will writer to actually be much more expensive than a solicitor, who will be both fully insured and regulated and give clients complete protection and peace of mind.

"We have seen several cases where badly drafted wills have had dire consequences for people with a learning disability, leaving them without adequate financial protection following a parent's death”, said  Aarti Gupta, in-house Wills and Trusts solicitor with Mencap.

“Often when the terms of a Will do not include a Trust being set up for them, they end up inheriting sums of money outright, which in turn, may affect their eligibility to means-tested benefits and make them vulnerable to financial abuse from others."

You can find a solicitor through the Law Society website – and if you live in the West Midlands or near to Birmingham, Wills and Probate clients recommend this Solicitor in Sutton Coldfield.