Warning issued over failing to use solicitor to write a will

The new president of Bournemouth and District Law Society said while solicitors are closely regulated, will writing companies are not.

Michael Newbold, of law firm Luff Brook Carter, said: “Solicitors are specialists in their field and will know not only how to draft your will, but also be able to make helpful suggestions which experience has taught them might be relevant to your circumstances.

“Not everybody’s will is going to be straightforward, particularly for example if you have children from a previous relationship, or have a very large estate.

“Trying to write anything other than a simple will without the expertise to know the best way to do so could mean that there may be a problem in the future or, most probably, the will will never get written in the first place.”

Michael Bailey had what he describes as a ‘traumatic experience’ after the death of his elderly mother last December.

A will writing company took some of his late mother’s personal effects, building society passbooks and the key to her home. 

Michael said: “I was vulnerable and had no idea what I was doing,” said Michael.

“I thought he was a solicitor and he never said he wasn’t. I was crying and begging him on the phone to let me have her things back. It was frightening.”

Mr Newbold said solicitors not only have years of training but also strict legal obligations which they must adhere to when acting for clients.

This includes that solicitors are regulated and must be insured.

He added: “Being regulated also means that solicitors have to comply with certain levels of client care, such as transparency over costs.

“Will writing companies, on the other hand, are not compelled by the government to observe the same standards of care which solicitors are.”

Those interested in making a will or updating an existing one, can find a local solicitor by contacting the Bournemouth and District Law Society on 01202 587551 or by visiting their website bournemouthlaw.com.