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Family Solicitors

More protection needed for wills and probate clients, says Ombudsman (23 October 2014)

Date: 23/10/2014
Duncan Lewis, Family Solicitors, More protection needed for wills and probate clients, says Ombudsman

The Legal Ombudsman is calling for more consumer protection for clients of wills and probate services.

The Law Society Gazette reports that Chief Ombudsman Adam Sampson is suggesting a voluntary scheme for providers of wills and probate services who are not regulated.

Wills and probate solicitors are regulated by the Law Society and the Solicitors’ Regulation Authority.

However, in 2013, a total of 180,000 wills in England and Wales were written by providers who were not lawyers, meaning that clients would be unable to lodge a complaint with the Legal Ombudsman in the event of error in a will or poor service on the part of the will writer.

Mr Sampson has suggested a voluntary scheme for non-lawyers:

“Failing a move to regulate all will writers, we want the government at least to consider a voluntary ombudsman scheme into which service providers can opt themselves.

“Provision already exists for the Lord Chancellor to make this happen,” he said.

This proposal is supported by the Society of Will Writers.

The Justice Secretary Chris Grayling – who is the first non-lawyer to hold the post of Lord Chancellor for 440 years – has already rejected a proposal to make will writing, probate and estate administration a reserved activity.

The Legal Ombudsman resolved 8,000 complaints in 2013, of which 13% comprised complaints about wills and probate services. In 72% of complaints resolved, the firm involved was required to provide a remedy to the client.

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For expert legal advice on family law and childcare law call Duncan Lewis family lawyers on 020 7923 4020.


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