Reforming will-writing laws is the only way to protect the public

The will-writing debate is alight once again thanks to the recent government-commissioned consultation, canvassing industry views to help inform its upcoming review of legal services regulation.

As solicitors, we can use this pique in interest to urge once again that the review should be used to reserve will writing to legal professionals. This would reduce the number of cases where wills written by non-lawyers are unable to stand up to legal scrutiny.

This message needs to be put across to the government but also to the general public. As a firm we do this through a combination of marketing and PR, increasing awareness through the press, with leaflets, e-shots to customers, and information and updates on '¨our website - all communicating the legal services we offer and the guarantees that come with our work.

We have also written a guide to show people how they can ensure they get the right will. It included advice on the pitfalls of choosing DIY kits, will writers or banks to get the job done, while offering ten tips to security. Among these were pointers on why it's best to complete a will sooner, rather than later, why choosing the right executor and trustee is important, how to ensure the will is kept safe, and how professional, legal advice from a solicitor will make sure it is absolutely correct.

It's important that the legal profession unites to make people and politicians alike aware that making a will is far from simple, that it requires in-depth knowledge of the law, backed by years of training. Choosing a will writer simply does not provide that guarantee.

Protecting consumers is important, as is giving them trust that their will won't fail their loved ones at a time that is painful enough already. The government can provide this through its Review of Legal Services Regulation.

For this reason, will-writing services should be a reserved, not just a regulated activity, meaning only lawyers suitably qualified by a recognised professional body are permitted to write them. Regulating will writing simply doesn't go far enough - it requires only a degree of knowledge and basic insurance cover for negligence, not the expertise and protection we believe is necessary.

By offering friendly, authoritative advice and expert opinion, solicitors can provide the public with the confidence they need when it comes to dealing with important matters, such as making a will. Whether the route legal professionals choose to take is through marketing, PR, or face-to-face consultation, the assurance a qualified solicitor can provide is invaluable, as when it comes to cost and efficiency.

The Law Society's will-writing quality scheme (WIQS) is regrettable. It is a further cost '¨to an already hard hit profession and will increase the cost to '¨the client. But if a will-writing quality scheme is where things are going, then provided those involved are properly qualified to take part, having passed accredited professional legal examinations, then it may be '¨just about acceptable - although only as second best to making will writing a reserved activity. SJ