There is no requirement to use a solicitor to make a valid Will, however there are advantages of using a solicitor rather than a Will-writer as set out below:

Legal experience

If you use a will-writer, will they have an understanding of other areas of the law which are essential when advising you in respect of a Will?

In particular a solicitor will have a general knowledge of other areas of law such as property, family and commercial and there may be complex tax issues.

Insurance

Unregulated Will-writers do not have to have insurance so if they are negligent, there may not be any financial compensation.

Solicitors are required to have professional indemnity insurance.

Storage

What happens if a will writing company goes out of business?

As there is no regulation of Will-writers, an unregulated company can disappear without trace. There have been cases where an unregulated Will-writing company had gone out of business and Wills have gone missing.

If a Will is stored with a solicitor, your Will is protected if the law firm goes out of business as all law firms are regulated by the Solicitors Regulation Authority.

Executors

If a Will-writing company is appointed as the executor and then goes out of business, you may have to make a new Will appointing new executors if there has been no continuity planning.

Solicitors can be appointed to act as professional executors and the executorship clause can be structured so that partners of a firm are appointed rather than named individuals which covers the situation where a named executor may have passed away.

 

To find out more about this matter or if you need to discuss any Wills or Probate matter please feel free contact a member of Jordans Solicitors Wills & Probate team on 01924 457171 or free on 0330 300 1103 or you can request a call back and a someone will contact you at a time which is convenient to you.


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