The Legal Services Consumer Panel has made a call for evidence from solicitors and others in an investigation launched today into whether will-writing should become a regulated activity.

The Legal Services Board has asked the panel to provide evidence of what problems consumers encounter in making a will, and whether they need more protection. The panel’s findings will inform the board in making a decision next year on whether will-writing should be regulated.

The panel is seeking evidence of badly written wills containing drafting errors; instances where will companies have put pressure on consumers to name them as executors of the estate; inappropriate cross-selling; and fees charged that are much higher than the original quote, as well as other issues.

Panel chair Diane Hayter said: ‘The case for regulating will-writers may rest on whether there are abuses across the industry, or just a few rogues who can be dealt with under existing laws.’

Law Society president Linda Lee said: ‘The Law Society will be responding to the call for evidence from the panel, because it is clear that consumers need greater protection against inaccurate and badly written wills prepared by people with little or no legal training.

‘The Law Society has been highlighting this problem for some time. There is strong evidence that unregulated will-writers provide a substandard service for clients, leading to wills being lost or beneficiaries losing out. In some cases there is even dishonesty. As a result, the testator's wishes may be ignored and their families or other executors have to pick up the pieces.

‘This is not the case when people use solicitors, who are regulated by the Solicitors Regulation Authority and who are fully insured in case of any mistakes. We are deeply concerned that members of the public use will-writers thinking that writing a will is a simple and straightforward task, or that there is protection should anything go wrong, when neither is the case.’