LSB issues call for evidence on will writing

The Legal Services Board has today issued a call for evidence from law firms and members of the public on how best to protect consumers of will-writing, probate and estate administration services. The deadline for responses is 5pm, Friday 4 November 2011.

The LSB launched a statutory investigation at the end of July this year after its consumer panel recommended that will writing became a reserved activity, open to solicitors and regulated will writers (see Solicitors Journal 155/28, 19 July 2011).

The investigation includes probate and estate administration as well as will writing.

A spokesman for the LSB said there were likely to be five main groups of problems in this area: fraudulent activity; errors in the will leading to difficulties with probate and administration; poor service, including delays and costs information; overcharging; and errors in handling the estate after the death.

The spokesman said the call for evidence was part of a process begun in September 2010, when the board asked the panel to provide it with advice on consumers' experience of the will-writing market and whether greater protection may be needed.

'The board is now seeking further evidence to help us determine whether it should make a recommendation to the Lord Chancellor that will writing be reserved and, if so, what kind of regulatory protections need to be put into place,' he said.

The LSB intends to publish responses on its website.