Ombudsman calls for Will regulation

Following complaints from clients across the country, the Legal Ombudsman has called on the government to consider making will writing a reserved legal activity. Currently, there is no regulatory body covering will writing and the Ombudsman faced over 1000 wills and probate related claims in 2013.

Last year the Lord Chancellor, Chris Grayling, chose not to make will writing a reserved legal activity, despite being advised to do so by the Legal Services Board in a bid to improve service levels.

Adam Sampson, chief legal ombudsman, has said that the government should consider alternatives if it does not wish to regulate will writing, as the current situation is unsatisfactory: "Wills can be prepared by anyone in principle. For people on a budget, this creates headaches about the standard of service one could reasonably expect. It also means some people will have access to help if things go wrong, while others won't.

"Failing a move to regulate all will writers; we want the government to at least consider a voluntary ombudsman scheme into which service providers can opt themselves. Provision already exists for the Lord Chancellor to make this happen."

In its latest report, the ombudsman has put forward such a voluntary system where unregulated service providers can opt into the ombudsman's scheme, thereby giving their customers up to the value of £50,000 compensation if something goes wrong. They would also have a designated body to lodge their complaint with.

If you’d like to make a Will with a qualified solicitor, please contact Vicky Jones at Lawson-West on 0116 212 1000. We can also offer free initial advice regarding probate, trusts and powers of attorney.

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