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Lincolnshire Trading Standards issues warning about unauthorised will writing services (11 July 2016)

Date: 11/07/2016
Duncan Lewis, Family Solicitors, Lincolnshire Trading Standards issues warning about unauthorised will writing services

Lincolnshire Trading Standards has issued a warning about consumers using unregulated will writing companies to prepare wills – especially for property protection trust wills.

Trading Standards says that some companies can charge higher fees than regulated solicitors for will writing services – and some of the companies may not even be entitled to carry out this type of work.

Companies may also claim that, if a trust is set up to protect the value of the home, it cannot means tested in assessing care home fees.

Trading Standards is warning that there are limits to such products, which are often called Property Protection Trust Wills or Asset Protection Trusts.

Senior Trading Standards Officer at Lincolnshire County Council, Louisa Harris, said:

“Be really cautious about companies offering to set up a trust to protect your interest in your property as a way of avoiding care home fees – such trusts can be easily overturned and challenged legally, especially if care home fees are required soon after the trust has been created.

“If you doubt the legitimacy of any legal services you are being offered, check with the SRA that they are regulated.”

Assistant Director of Adult Care at the council, Pete Sidgwick, added:

“We don’t want people to be put off from seeking the care they need over financial worries.

“All councils assess what someone should pay towards their care by looking at all of their financial circumstances – and that could include property in trust.

“However, there are lots of ways to pay for your care – and it doesn’t necessarily mean selling your home.

“The Care Act introduced deferred payment agreements, which means you may not have to sell your home to pay for care in your lifetime.”

uncan Lewis Family Solicitors

Duncan Lewis family solicitors can advise families on care of the elderly and vulnerable family members – and offer an expert will writing service, including advising on asset protection and financial planning.

There are Duncan Lewis offices nationwide and in most major cities – and Duncan Lewis is also able to advise on Power of Attorney, Living Wills and Court of Protection cases.

For expert legal advise on will writing services, call Duncan Lewis family solicitors on 0333 772 0409.


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