Since the BBC broadcast a Panorama documentary in 2010 about ‘cowboy’ will writing companies
operating in England and Wales, calls for will writing to become a regulated activity have been
renewed.
The Law Society, which represents more than 140,000 solicitors in England and Wales, has recently
suggested that only solicitors should be allowed to write a last will and testament, as is the case in
the majority of European countries. The Institute of Professional Willwriters (IPW) also supports
some form of regulation but does not agree that the activity should be exclusive to solicitors.
The IPW argues that its code of conduct is as strict as regulations placed on solicitors and its
members should therefore be allowed to continue practicing as will writers. The IPW’s code of
conduct has been approved by the Office of Fair Trading.
With the ongoing arguments about rogue traders and regulation, it is easy to forget the value of
having a last will and testament. Having a valid will is the only way to ensure your possessions go
to your loved ones when you pass away. Without a last will and testament, your estate (all of your
belongings, including money and property) will be divided by the courts according to a strict set of
rules and regulations.
For most people, online wills are a good-value alternative to visiting a solicitor but it is important to
choose a website carefully. One of the most important things to consider is whether the company
holds sufficient insurance should anything go wrong with your will. If you have simple wishes for
your estate, are normally resident in Wales or England and do not hold property overseas, you can
make a will online with little risk.
In more complicated circumstances, it is strongly recommended that you visit an experienced
wills and probate solicitor, especially if you wish to set up trusts or manage property overseas. A
comprehensive list can be found on the Law Society Website.