Don't take a risk with your Will

Following the Panorama exposé of hidden costs charged by the will writing industry Barr Ellison Solicitors is offering to take over the safe keeping of any wills free of charge.

Explains wills expert Peter Ayling from Barr Ellison Solicitors: “While most will writers are unlikely to be involved in some of the criminal activity exposed in the programme, what many do is offer a will at what seems a very good price but then charge around £50 a year for its safe keeping. It might not seem a lot but it can add up over the years to much more than the cost of going to a firm of solicitors, who are unlikely to charge for holding the will.”

Panorama also highlighted the fact that will writers are unregulated. Solicitors are regulated by the Solicitors Regulatory Authority and are fully insured if anything goes wrong with the will. Problems have also arisen from wills going missing when a will writing firm goes out of business. If a firm of solicitors goes out of business the will can be traced through the Law Society.

Adds Peter: “I have had difficult experiences, for example where a husband has died and his will, which was drawn up by a will writer, is nowhere to be found. In this instance application had to be made to the Court to allow a photocopy of the will to be admitted to probate. This type of application requires the agreement of the people mentioned in the will – which could cause major problems with a disputed will.”

The will writing industry claims to write around 10% of new wills and it’s obvious why people are attracted to them, says Peter: “They are initially cheaper but, as well as the charge for safe keeping, items such as setting up a sheltering trust (to ensure a house is not sold to pay for care fees) can cost £3000 and shouldn’t be more than £750. There are also examples of wills not being signed properly, which can result in serious consequences, even the will not being admitted to Probate. While they remain unregulated they do offer too much of a risk.”

If anyone wishes to transfer a will they will need to instruct whoever is holding it to send it to them, then find a solicitor who (like Barr Ellison Solicitors) does not charge for safe custody and deposit the will there. There may be a withdrawal fee from whoever is currently holding the will.

If you would like advice on wills, please contact Peter Ayling

The information given in this article is of a general nature only and should not be considered as advice applicable to any particular situation for which specific request should be made to us.

"Thank you for the advice given and your courteous manner which made the sale and purchase legal matters progress smoothly."
Peter & Gaynor Hayde of Harston

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