Will writers - what they do and how they work
Most people know what a will writer does - they make wills! Most people know what a will is supposed to do - it sorts things out after you die. However, how many people know how they work, or how they create wills?
Different types. Solicitors are the most easily recognised type of will writer. They have been writing wills for hundreds of years. It is of course possible to write your own will if you know what to do, and many people do this. Because the law is very specific now, on what constitutes a valid will, and how clauses should be written to be valid, one needs to be very careful that mistakes are avoided. To fill this gap, professional will writers came of age, charging less (usually) that solicitors, and often specialising in this area of the law.
Modern day solicitors have a whole raft of legislation and regulations to follow, or else they can be disciplined by the Law Society, and even lose their ability to practice. Being a solicitor of course, allows them to practice any area of law, so many solicitors who write wills often practice in other areas of the law as well. Because of the regulations they have to follow, they look upon will writers as unfair competition. However, many professional will writers belong to bodies such as the Institute for Professional Willwriters, who have strict codes of conduct, and whose indemnity insurance will only protect them while they are following the rules.
The way wills are drafted, has not changed a lot, apart from of course, the advent of computers and word processing programs. Will writers of any type, have access to statute books that give a range of clauses that can be used. Computer programs can take all the key information and produce a will at the press of a button. Some clauses though, need to altered to fit the circumstances. Great care should be taken, as the wrong word can give a totally different meaning to what was intended. Will writers will often have a library of clauses they have adapted, and use these when necessary.
Therefore, whoever writes your will, ensure that they have the following:
1. The backing of a body that provides a framework for how they work.
2. Indemnity insurance that is up to date. No legitimate business will be upset at this sort of request.
3. Qualifications wherever possible. Many will writers operate after a few days training, and although they can probably create basic wills from day one, will need experience to provide the best advice and client care. Those who are represented by a good organisation, such as the IPW, will need to show considerable competence before beginning.
Different types. Solicitors are the most easily recognised type of will writer. They have been writing wills for hundreds of years. It is of course possible to write your own will if you know what to do, and many people do this. Because the law is very specific now, on what constitutes a valid will, and how clauses should be written to be valid, one needs to be very careful that mistakes are avoided. To fill this gap, professional will writers came of age, charging less (usually) that solicitors, and often specialising in this area of the law.
Modern day solicitors have a whole raft of legislation and regulations to follow, or else they can be disciplined by the Law Society, and even lose their ability to practice. Being a solicitor of course, allows them to practice any area of law, so many solicitors who write wills often practice in other areas of the law as well. Because of the regulations they have to follow, they look upon will writers as unfair competition. However, many professional will writers belong to bodies such as the Institute for Professional Willwriters, who have strict codes of conduct, and whose indemnity insurance will only protect them while they are following the rules.
The way wills are drafted, has not changed a lot, apart from of course, the advent of computers and word processing programs. Will writers of any type, have access to statute books that give a range of clauses that can be used. Computer programs can take all the key information and produce a will at the press of a button. Some clauses though, need to altered to fit the circumstances. Great care should be taken, as the wrong word can give a totally different meaning to what was intended. Will writers will often have a library of clauses they have adapted, and use these when necessary.
Therefore, whoever writes your will, ensure that they have the following:
1. The backing of a body that provides a framework for how they work.
2. Indemnity insurance that is up to date. No legitimate business will be upset at this sort of request.
3. Qualifications wherever possible. Many will writers operate after a few days training, and although they can probably create basic wills from day one, will need experience to provide the best advice and client care. Those who are represented by a good organisation, such as the IPW, will need to show considerable competence before beginning.