OFT Introduces Regulation Over Will-writers

In the beginning of June, the Office of Fair Trading has approved a new code of practice for non-lawyer will writers, which has been compiled by the Institute of Professional Willwriters (IPW).

The OFT decision came along the announcement of the Scottish Government that it will introduce regulation of non-lawyer will services.

In the framework of the new code, all members of the Institute of Professional Willwriters will have to pass an examination and to complete special training prior to start working with consumers. The latter are protected for the money they paid in case the work in not completed and are granted access to independent redress scheme.

Good as it may seem, the new code of practice has been criticised by probate solicitors who believe it to be "without teeth." As such, the code is said to lack long-term protection of clients' interests and serious sanctions for those will writers who misconduct.

Finally, only 20% of will-writers are IPW members, which fact means that 80% are not subject to the new code.