People looking to make a will should beware of unregulated will writers who provide people with unenforceable wills while charging them for legal services they are not trained or regulated to provide, warns John Paul Dennis of Kirwans solicitors.

During the administration of an estate, solicitors often find that the will is invalid, which can cause heartbreak and concern for the families involved. Homemade wills can cause problems but worryingly the main issue stems from wills drafted by unregulated will writers, many of whom also offer powers of attorney, probate, conveyancing and tax advice.

The future ramifications for anyone seeking to rely on this advice when confronted by HM Revenue & Customs, the Probate Registry or any other financial organisation are unsettling.

Solicitors are qualified to give the correct advice and they are also insured in the event of negligence or accident.

In many cases unregulated will writers hide charges; storage and retrieval costs are added at the conclusion of the matter amongst other fees. Often the original will documents get lost or disappear when these ‘fly by night’ will-writing companies get wound up. Law Society President Robert Heslett recently commented that this was a ‘widespread trend’.

A poorly drafted will can render the deceased’s estate wholly or partially intestate with poor tax planning, ‘vanishing wills’ and hidden charges adding to the family’s grief at what is always a difficult time.

Vulnerable people with learning disabilities can also be left without any adequate provision following their parent’s death, due to poorly drafted wills. Many individuals with learning disabilities are dependent on parents or carers into adulthood, and a legally-binding will to will ensure adequate provisions are made in the future is vital.

Unregulated will writers take advantage of low cost quotes to get their foot into the door to sell additional services such as estate administration and power of attorneys. Costs soar and an even bigger mess can be left for the family to rectify.

It is important that people shop around, you should consult a solicitor to check the price. If you have already made a will but are concerned about the contents then you should ask a solicitor to check the accuracy before it is too late.

John-Paul Dennis