Are will writers and lawyers the same ?

The short answer is “no” but if you thought the answer was “yes” then you are not alone. 67% of the public wrongly believe that all will writers are solicitors, research has shown. It is presumably safe to assume that the public have a similar perception when it comes to probate lawyers.

A survey of more than 1,000 people revealed that 82% assumed that training and qualifications are required before someone can become a will writer.

In a survey was commissioned by the Fellowship of Professional Willwriters and Probate Practitioners 830 respondents mistakenly thought that the statement ‘anyone can currently set themselves up as a will writer, as qualifications are not needed’, was false, while 680 wrongly thought that all will writers were solicitors.

Nearly half of those interviewed said they were ‘confused’ by the will-writing process, and 21% said they would rather write a will themselves, despite the complications that could crop up. 200,000 DIY will are drafted each year.

Research conducted by The Law Society in 2009 showed that vulnerable people are being left without adequate provision as a result of ‘nightmare’ wills prepared by unregulated will writers.

Lord Hunt of Wirral expressed concerns about the unregulated ‘fringe legal market’ in will writing in his review of legal services last October. He called for will writing to become a regulated activity.

The Legal Serviced Board is currently considering whether will writing should become a regulated activity.

In recent months The Fellowship of Professional Willwriters and Probate Practitioners has submitted an application to become the official regulator under the new regime and enhance its work underway in England and Wales. The Fellowship offers a code of conduct for member bodies and a series of qualifications to help raise will-writing standards. Members are forced to take out PI insurance and accede to annual criminal record checks. For the avoidance of any doubt Fridaysmove in not a member of the Fellowship of Professional Willwriters and Probate Practitioners but is regulated by the CLC.