The solicitors’ profession was punching the air in celebration last week when the Legal Services Board announced its intention to finally bring will-writing into the regulatory fold.

There is no shortage of evidence about the misery caused by unscrupulous will-writers; a story from last year about a firm that dumped its documents on the pavement after going bust springs to mind as one of the worst examples. But it must be pointed out that the vast majority of those who write wills, whether they are solicitors or not, are competent and professional individuals, who provide a good service; and indeed the non-regulated sector has proven very successful in offering, for example, home visits, which make it as easy as possible for people to make a will (when it comes to writing wills, people are always looking for an excuse to do it tomorrow, not today). These reputable firms will probably welcome the opportunity to pin the badge of regulation on their lapels (though they may be less keen on the accompanying cost). But proper regulation should - at last - see off the rogues.

The new regulatory rules will cover the activities of will-writing, probate and estates administration, whoever does it - so they will apply to solicitors as well as everyone else. The LSB clearly has its doubts about the effectiveness of solicitors’ current regulation in these areas, asserting that problems with quality, service, transparency and fraud exist in both the regulated and unregulated sectors (although it does concede that the worst sales practices, and problems with the safekeeping of wills and options for redress, are largely confined to will-writers rather than solicitors).

The LSB says the way solicitors are regulated at the moment puts too much emphasis on controlling entry to the profession, without being targeted to the risks. Instead, it wants to see front-line regulators like the Solicitors Regulation Authority conducting more risk-based monitoring and supervision in relation to wills. The level of inspection a firm should expect would depend on the regulator’s analysis of the risk they present; so you might assume that a well-run firm whose wills are written by qualified staff would receive fewer visits.

Bodies that want to regulate will-writing will need to place a tick in the box to show they have the following in place: a mandatory register of the organisations they have authorised to write wills; a fit and proper person test before anyone can be licensed to write wills; a code of conduct covering sales practices; a requirement that firms must have an appropriately trained workforce; a strategy for supervision and enforcement, with financial penalties for transgression; requirements for firms to have in-house complaints procedures (they will also be subject to the Legal Ombudsman’s gaze); and professional indemnity where the provider has access to consumers’ money (for example in estates management).

All of these will be welcome and essential developments, and frankly hard for anyone to argue with. But just as important is one further requirement: any body wishing to regulate will-writing must have a strategy in place to educate consumers about the process of making a will. With so many people still failing to cross that job off the to-do list, any development that raises the profile of will-making can only be a good thing.

Rachel Rothwell is editor of Litigation Funding magazine, providing in-depth coverage on costs and the financing of litigation.

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