WIREDGOV

Amendments aimed at regulating non-lawyer will writers have been lodged by Minister for Community Safety Fergus Ewing.

The proposed amendment to the Legal Services (Scotland) Bill follows a consultation process, and would apply a set of regulatory rules, enforcement measures and sanctions to ensure non-lawyer will writers conform to acceptable industry practice.

It will bring to an end an era where consumers have been vulnerable to non-regulated practices which are often unnecessarily expensive. One example of this was when an elderly client was charged £1,000 for a straightforward will in a non inheritance tax estate. That client was driven to her bank by the will writer to withdraw the money in cash to pay the fee.

In another case, consumers wanting a will have been sold specialised services they do not require. In some cases they are being persuaded to pay up to £2,400 when a simple will costing £150 would suffice.

Mr Ewing said:

"That is why we intend to regulate non-lawyer will writers. Yesterday, I lodged amendments to the Legal Services (Scotland) Bill to provide for such regulation.

"A number of persons and organisations have made representations to us about non-lawyer will writers, providing examples of poor practice. These include lack of skill and competence; "cold calling"; and advice based on English law.

"We are very concerned that some non-lawyer will writers may be exploiting the lack of regulation to the detriment of the consumer in Scotland.

"The regulation will continue to allow non-lawyers to provide a will writing service, but will protect consumers by ensuring that such will writers are subject to robust regulatory rules, enforcement measures and sanctions. However, we will not regulate individuals preparing their own will, with or without a DIY pack, including "deathbed" wills, or other persons providing a free advice service."

The Scottish Government consultation on the regulation of non-lawyer will writers took place between December 18, 2009 and February 19, 2010.

The consultation paper sought views on the possible regulation of non-lawyer will writers in Scotland. The Legal Services (Scotland) Bill ("the Bill"), which was introduced in the Scottish Parliament on 30 September 2009, provides a legislative vehicle to provide for regulation of non-lawyer will writer services in Scotland.

Following representations made to it, the Scottish Government is concerned that some non-lawyer will writers may be exploiting the lack of regulation to the detriment of the consumer in Scotland.

As well as individual instances of poor practice, it is possible to identify some main themes, including the following:

• lack of skill and competence
• poor knowledge of inheritance tax
• advice based on English law
• low advertised costs translating into substantial fees through bait and switch and tying in of other services;
• cold calling and unsolicited mail;
• lack of professional indemnity insurance; and
• poor storage of wills

The consultation responses indicated that there is almost overwhelming support for regulation of non-lawyer will writers amongst the respondents. Indeed, 45 out of the 48 respondents are in favour of such regulation.

As to the method of regulation, the vast majority of respondents are in favour of using the same model as outlined in Part 3 of the Bill.

The regulation will continue to allow non-lawyers to provide a will writing service, but, at the same time, will protect consumers, by providing a set of regulatory rules, enforcement measures and sanctions that would apply to such non-lawyers. It is not the aim to regulate individuals preparing their own will, with or without a DIY pack, including "deathbed" wills, or other persons providing a free advice service.

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