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The Perils of Unregulated Will-Writing in Scotland: A Comprehensive Guide
The Perils of Unregulated Will-Writing in Scotland: A Comprehensive Guide

The Growing Concerns of Unregulated Legal Services

The Competition and Markets Authority (CMA) of the UK has recently initiated a crucial investigation into the increasingly concerning sector of unregulated Will-writing services. This inquiry extends its focus to other legal services, including online divorce and prepaid probate (Executry or Estates in Scotland). The primary objective is to gather firsthand experiences from individuals who have interacted with companies offering these services. A significant part of this concern stems from potential breaches of consumer protection laws by these unregulated entities.

The Risks of Unregulated Will-Writing Services

While anyone can draft a Will, the lack of regulation in this area poses serious risks. Solicitors in Scotland, governed by the Law Society of Scotland, adhere to stringent regulations ensuring high standards of conduct and service. Contrarily, unregulated Will-writing services often lure clients with low initial costs, which significantly escalate by the end of the process. There are also alarming reports of unfair business practices, such as excluding liability for errors and appointing themselves as executors without consent. Moreover, instances of pressure selling and exploitation of vulnerable individuals have been reported, heightening the need for scrutiny.

Duration and Impact of the CMA Investigation

The CMA investigation's timeline depends on the responses from the public, consumer groups, and the unregulated firms themselves. The CMA will review the information it has received (the deadline for submissions has passed) and decide on the need for regulatory measures. The CMA has indicated that it will provide an update on progress before the end of 2023. The ultimate goal is to protect the public from potential risks associated with unregulated Will-writing services.

Guidance for Individuals with Wills Prepared by Unregulated Writers

If you have had a Will prepared by an unregulated service, it is advisable to have it reviewed for compliance with Scots Law. Our solicitors, backed by years of experience and regulated by the Law Society of Scotland, offer peace of mind. They ensure that your Will is correctly drafted, providing protection and recourse in the unlikely event of any mistakes.

Ensuring Legal Safety with Regulated Will-Writing

The investigation by the CMA into unregulated Will-writing services highlights the potential dangers and emphasizes the importance of seeking regulated, professional advice. If you need assistance with creating or updating a Will, or if you have any concerns about a Will prepared by an unregulated writer, our expert team is here to help. Secure your legacy with the assurance of regulated, professional guidance.