Will writing services (new CMA Guidance)

Sarahspangles

Saw this and thought of you (regular posters). This link is to the public facing guidance.

https://www.gov.uk/government/publications/what-to-consider-when-buying-will-writing-services

On the same day the Competitions and Markets Authority issued an open letter to unregulated legal services providers including Will writers. It includes guidance on how they should comply with the law.

Browntoa

"non professional" will writers should be compelled to make it clear , in normal sized fonts, on their websites and advertising that they are :-

Not legally trained 

Are classified as "non professional" companies, which is the CMAs own term for them 

GoogleMeNow

What would you class a former qualified solicitor who is offering legal services, including Will writing, probate services, estate planning etc but no longer holds a practising certificate?

Sarahspangles

GoogleMeNow said:

What would you class a former qualified solicitor who is offering legal services, including Will writing, probate services, estate planning etc but no longer holds a practising certificate?

Risky? If they’re no longer certified to practice then they’re unregulated. 

GoogleMeNow

Sarahspangles said:

GoogleMeNow said:

What would you class a former qualified solicitor who is offering legal services, including Will writing, probate services, estate planning etc but no longer holds a practising certificate?

Risky? If they’re no longer certified to practice then they’re unregulated. 

Who would you make a complaint to if you weren't happy with the way they were going about their business?  Would the CMA assist?

Sarahspangles

GoogleMeNow said:

Sarahspangles said:

GoogleMeNow said:

What would you class a former qualified solicitor who is offering legal services, including Will writing, probate services, estate planning etc but no longer holds a practising certificate?

Risky? If they’re no longer certified to practice then they’re unregulated. 

Who would you make a complaint to if you weren't happy with the way they were going about their business?  Would the CMA assist?

Definitely not the Competition and Markets Authority. The reason they are issuing guidance is precisely because these services are unregulated - there is no regulator to go to. There have been enough complaints about the sector - presumably to MPs and organisations like Citizens Advice - that they have investigated the sector. They are making the public aware of their findings. In similar circumstances the initial investigation has led to a sector saying they will self-regulate. If that doesn’t resolve the issues then there is legislation

If you read the public guidance your only recourse if you are unhappy is to use ordinary consumer law protection. You paid for a service, you didn’t get the service. Difficult if you’re unhappy from beyond the grave.

GoogleMeNow

Sarahspangles said:

GoogleMeNow said:

Sarahspangles said:

GoogleMeNow said:

What would you class a former qualified solicitor who is offering legal services, including Will writing, probate services, estate planning etc but no longer holds a practising certificate?

Risky? If they’re no longer certified to practice then they’re unregulated. 

Who would you make a complaint to if you weren't happy with the way they were going about their business?  Would the CMA assist?

Definitely not the Competition and Markets Authority. The reason they are issuing guidance is precisely because these services are unregulated - there is no regulator to go to. There have been enough complaints about the sector - presumably to MPs and organisations like Citizens Advice - that they have investigated the sector. They are making the public aware of their findings. In similar circumstances the initial investigation has led to a sector saying they will self-regulate. If that doesn’t resolve the issues then there is legislation

If you read the public guidance your only recourse if you are unhappy is to use ordinary consumer law protection. You paid for a service, you didn’t get the service. Difficult if you’re unhappy from beyond the grave.

Thank you!  Looks like we're stuffed then....