The Legal Services Board has recommended to the Lord Chancellor that will-writing be subject to regulation, a move that Remember a Charity's director believes could shore up consumer confidence leading to more legacies.

Submitting its final decision on the regulation of will-writing, estate administration and probate activities, the Board recommended that the Legal Services Act 2007 be amended to include regulation of will-writing, while it recommended not to include regulation of estate administration or probate services. 

The Board said it found "comprehensive evidence that the market is working contrary to the statutory regulatory objectives outlined in the Legal Services Act [in will-writing]...to the detriment of consumers and providers alike".

Its recommendation seeks to give consumers greater protection in the ability to seek redress through the Legal Ombudsman and to create a "level playing field" between traditional law firms and new forms of service provider, such as online services, financial services providers or a will-writing company. Its recommendations should offer reassurances in the obligations all providers will face, said the Board.

Legacy income is currently worth almost £2bn a year to the charity sector.  But the number of High Court cases relating to trusts, wills and probate that involve charities has grown significantly in later years. In 2005 to 2007 there was just one case, while in 2008 to 2009 there were 13.

Rob Cope (pictured), director of Remember a Charity, which seeks to boost the charity sector's legacy income, says the LSB's recommendation to regulate will-writing can "only be good news" for charities:

"It helps to remove some of the barriers that prevent people making wills and thus leaving legacies to their loved ones and their favourite good causes.

"Over 35 per cent of people tell us that they would consider leaving a legacy to charity but only 7 per cent actually do. Giving consumers greater confidence about will-making services in this way will help to increase that percentage and provide more much-needed funds for charities," he said.

The Lord Chancellor now has 90 days to decide whether to proceed with the LSB's recommendations.

 

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