Monday 18 July 2011

Will Writers in Question

The Legal Services Ombudsman Adam Sampson has warned consumers against using unregulated providers of legal services such as will writers, because they are often not insured and provide no compensation if they get things wrong.

In contrast, solicitors are regulated by the Law Society and must also carry insurance to cover any claims made against them. Ultimately, they can be struck off if found guilty of malpractice, but of course they charge more.

The reasons people use will-writers are largely because they are cheaper than qualified solicitors and because they will make home visits to take instructions from clients (although of course many solicitors now do this too).

My gut feeling is that will-writers are used mainly by people who buy on price not quality (although admittedly this is something of a generalisation). Those with larger estates, including many of those in the market for a residuary legacy, are more likely to be people who use a family solicitor and not a will-writer.

So what is the implication of all this for legacy fundraising? The danger with the Ombudsman's report is that for some people it may create another barrier to leaving a legacy, which is not what any charity needs. If will-writers really are the subject of so many complaints, then perhaps campaigns should point people very firmly to using a solicitor?

The ideal scenario is probably where a solicitor is prepared to offer some discount or even a free will for your supporters. Then they get regulated advice, backed up by compensation if things go wrong, and hopefully will be grateful to your charity for helping them sort out their affairs. Certainly, there is less chance in these circumstances that the will is poorly drafted or invalid - probably a price worth paying to keep supporters happy and maintin the integrity of your campaign?