’Panorama’ and ‘Wills, the final RIP off’
And BBC Radio Stoke’s Breakfast program
with Pete Morgan
Panorama Program shown on Monday 9th August 2010 at 8.30 p.m.
The BBC’s investigative program, ‘Panorama’ reported on (perhaps that should read
‘exposed’):
- 2 cases of ‘baiting’, whereby initial low prices are used to attract the customer,
and then additional and very profitable services are sold on top that substantially
increase the total cost of the will.
- 1 company who misplaced their clients’ wills that were held in storage, and completely
messed up Probate;
- 1 company who sold unclear services for a substantial cost (but if you actually read
the terms and conditions the information was there; it was shown on the program);
and
- 1 business where the owners were fraudsters, and convicted of such.
The program’s makers indicated that will writers should be regulated because of the
abuse.
Observations:
While people should not be disadvantaged by others (and we feel for those that were),
the program found just 4 examples of failings; not exactly an indication of widespread
abuse within the will writing sector.
Comment:
Like ourselves, many will writers do not approve of the ‘up-front payment’ of Probate
fees. Only a few companies actually offer such a service. It is our opinion that
this practise should be regulated by the FSA; it is after all a form of long term
investment.
‘Baiting’ is common, and done mainly by national will-writing firms, solicitors and
High Street banks -- who can reduce the initial price of their wills because they
will reap their financial rewards when undertaking Probate duties. The small will
writing businesses, like ourselves Convenient Wills, do not use ‘too good to be true’
prices to bait potential clients; we do not offer an in-house ‘executor service’.
Our aim, like many other home-visit will-writing service, is to create legally valid,
bespoke legal documents and save our clients’ money by providing practical solutions
to their needs -- at value for money prices. Customer feedback confirms we achieve
these objectives. The Panorama program failed completely to highlight the good work
that is done by will writers in general.
As for the regulation of will-writers we do not perceive it would be beneficial to
the general public. Our reasons are: Evidence indicates regulation will reduce customer
choice, increase costs of the wills, will not stop but increase malpractice, and
probably increase the number of wills that are completed incorrectly - because people
will make their own wills (thinking they are saving money) thus increasing the risk
of error.
To support our argument: Solicitors have been regulated for many years and yet we
continue to read of cases of malpractice. We continue to see poorly drafted wills
from well respected solicitor practises. In our opinion, a better solution to regulation
of the will writing sector en masse is to regulate Probate services (ah, well, and
thinking about that .... They actually are already a restricted activity, but not
enforced.... Which raises the question: who will enforce regulation of the will-writing
sector?) and to educate the general public; sadly, in my opinion, the Panorama program
missed a good opportunity to do just that.
I was privileged to be allowed to personally speak on BBC Radio Stoke’s Pete Morgan’s
breakfast show today. On the program there was an informative discussion about how
to avoid being ripped off by unethical will writers. Thank you Pete and the Breakfast
Team for allowing a balanced viewpoint to be given.