A Will is one of the most important decisions that a person can make, and it’s a document that should be drafted by an expert. But with the industry unregulated, there are plenty of people who are providing incompetent advice that can ultimately have devastating consequences for loved ones and beneficiaries. Thankfully, there are steps that can be taken to ensure that clients receive best practice.
It’s a good idea for Will writers to be members of a recognised body as this will give them a certain level of protection, not least indemnity insurance that can be used in the event of any complaints. They should also have a privacy policy in place and make sure that their clients are aware of what data is being collected and why.
Whether a face to face Will writer is visiting clients in their homes or taking their instructions over the phone, it’s important to take special consideration of vulnerable people and to be careful about the way in which they collect information. For example, if a client has mobility issues you should try to offer them a home visit if possible. Similarly, when taking instructions over the phone you should be mindful of their ability to understand and process what is being asked of them. In addition to this, the firm should be clear about how their services will be charged and that there are no hidden fees or conditions that could cause confusion or stress for their clients.
Many low cost or free Will-writing services offer a streamlined service with call centre operators and no dedicated point of contact at all. Although this can work for some, it’s not ideal for those who have more complex affairs that need to be arranged when they die. Those who are unable to understand or process the information provided may struggle, particularly if there are complicated financial arrangements such as trusts and overseas property.
A reliable will writers will keep the process simple and guide their clients through the legal and taxation minefield so that their wishes are carried out correctly after their death. They will also help their clients to minimise the risk of disputes over their estate which can happen when people don’t communicate clearly or use terms that are open to misinterpretation.
A Will is a very personal document and it’s important to get it right so that the family can be left to grieve without having to worry about the fate of their inheritance. Choosing the right person to draft your Will can be a difficult decision but with a few simple precautions you can avoid the problems that can arise from using an unregulated service. If you follow the steps outlined in this article, then you can be sure that you will have a professional Will written that is enforceable in court.