Rising numbers being ripped off by Will-writing services warns Tayntons

27th May 2010 08:36

A Gloucester-based firm of solicitors is warning people to beware of companies offering cut-price will-writing services following a surge in clients who have fallen victim to substandard and illegal practices.

Tayntons on Clarence Street has reported a significant rise in the number of people seeking advice after making wills with the aid of will-writing agencies.

Although in themselves perfectly legal, such companies can be entirely unregulated and this means surprisingly their writers require no legal training, says Tayntons’ wills and probate solicitor Tristan Lewis.

He said: “Problems our clients have encountered range from crucial technical errors in the wills themselves, to being harassed by the companies and unlawfully denied a ‘cooling off’ period during which they have a right to change their mind”.

Huge hidden charges are also an issue, with many agencies asking for hundreds of pounds each year to store a will – a service usually carried out for free by a solicitor.

Elderly Gloucester couple Brian and Kathleen Reade came to Tayntons after an initially friendly chat with a will-writer turned sour. The pair signed with a will writer on a Friday night, but were shocked when family members advised that the price they agreed to was highly inflated.

Mrs Reade, 74, decided to terminate the agreement, but was met with a barrage of silence from the company concerned. She said: “Early the next week I called to cancel our agreement but was repeatedly told the gentleman I had dealt with was out of the office.

“When I eventually managed to speak to him, he was really unprofessional and just kept saying he had given us the best deal around. I politely disagreed with him and ended the conversation and as far as I was concerned the matter was closed.”

However, the couple were in for a nasty shock – two months later they received a letter from the company threatening to send in the bailiffs unless they paid a figure even higher than the original agreement. Mrs Reade said: “The whole experience was really unpleasant. I later found out that the company involved lied, denying all knowledge of my phone calls to them.”

Fortunately, by that time they had already approached Tayntons, who were able to resolve the matter quickly and draw up satisfactory new wills.

The rise in individuals seeking cut price advice could be attributed to people trying to save money in the credit crunch, explained Mr Lewis.

“There are a number of reasons why people use will-writing agencies and I am sure the prospect of financial saving is top of their agenda.

“The irony is however, that often the wills drawn up are not worth the paper they are written on – or worse still, could actually end up costing the client thousands of pounds.”

Another recent case highlights how even seemingly simple mistakes in a will can put a person’s future in jeopardy. Mr Lewis said: “I had a case in which a client and her husband had a joint will made, believing they had protected their home against potential nursing home fees.

“However, on the death of the husband it came to light that due to a drafting error in the will, this was not the case at all.

“Thankfully, we were able to sort this out before any damage was done.  If the mistake had gone unnoticed, half the house for which this couple had worked all their lives could have been lost in care fees, leaving their children with a greatly diminished inheritance.”

Although there are some perfectly respectable will writing companies around, for Mr Lewis, the message is clear – do your research before procuring any will-writing services.

He said: “A will is one of the most important documents you’ll ever put your name to, so you need to be sure it is done correctly.

“Do your research and make sure the company you are employing is a reputable one. Better still, seek legal advice from a recognised firm of quality solicitors.

“People can rest assured that solicitors are fully regulated and of course have the appropriate legal training. Furthermore, many firms offer a free initial consultation which enables people to raise any questions they may have obligation-free”.

For more information contact Tristan Lewis on 0800 158 4147; tristan.lewis@tayntons.co.uk  or see the Wills section of this site.