The importance of having a valid Will that is
fit for purpose is not to be underestimated.
In the UK Will Writing is an unregulated
profession – this means that anybody can
write a Will, whether it be for themselves, or
for somebody else. With many Will Writing
companies throughout the UK it’s now easier
than ever to get a bespoke Will drafted. But
how can you be certain the person or company
you’re doing business with is providing you
with valid and suitable documents, and not
just a cowboy posing as a professional?
In 2011 the Society of Trust and Estate
Practitioners (STEP) published a report on
Cowboy Will Writing which outlines five main
problem areas within the UK Will Writing
market:
• Invalid Wills
• Will writers making untrue claims
• Disappearing Wills and Will writing
companies
• Hidden fees
• Fraud in estate administration
STEP believe that Will Writers should be
regulated to ensure minimum standards
of competence and behaviour. Through
proper training, insurance and set standards,
these problems can easily be overcome –
something that by aligning to a membership
organisation such as The Society of Will
Writers (SWW), can be achieved. The SWW
has 3 mandatory membership requirements
– members must hold valid Professional
Indemnity Insurance, adhere to the SWW
Code of Practice, and complete mandatory
continuous professional development (CPD).
Through these requirements we can ensure
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The Society of Will Writers
that our members are ‘Safe to do business
with’, as SWW membership is there not only
for the professional, but also to safeguard the
consumer.
How do I know a Will Writer is safe to use?
Always make sure you use a trained
professional who is fully insured to draft
your Will. You can avoid cowboy Will Writers
by checking if they belong to a membership
organisation such as the SWW, they will
have to have the necessary qualifications to
provide their services to you. Before granting
membership to the SWW we ask for proof of
proficiency, and to retain that membership
we issue audits on an annual basis where
all requirements met must be noted and
evidenced. All compliant members are issued
with certificates and ID cards on return of
their annual audit and you can contact us at
any time to check whether someone who is
claiming to be a member, is a member. There
is a similar process for solicitors, who must
be regulated by the Solicitors Regulation
Authority (SRA). You can check a solicitor
with the SRA at any time.
Members who are found to not be SWW
code compliant (whether this be discovered
through internal checks or if it has been
brought to our attention externally) are
contacted immediately informing them to
bring themselves up to date and failure to do
so can lead to expulsion from the SWW.
If you would like to find a SWW member in
your area, visit:
https://www.willwriters.com/members/
or call us on 01522 68 78 88