The Law Society has issued a warning on the dangers of using unregulated will writers, citing more than a dozen recent examples of problems with wills drafted in this way.

One example was where a woman’s entire estate passed to her estranged son, who had not seen her for over 20 years, instead of (as she wished) to her long-term carer. This occurred because the woman’s will, which was drafted by an unqualified will writer, was judged to be invalid owing to a technical error. In another instance, a will was ruled to be invalid simply because the will writer failed to have the testator’s signature properly witnessed.

There were also many examples given of will writing companies which had disappeared, which meant that the originals of the wills were impossible to find, and of companies which charged much higher sums for preparing wills than their advertising would suggest. In one case, a charge of £700 was made for a straightforward will.

One particularly sad example involved a will writer who appeared to be in league with a trust company, which was appointed as the sole executor of a client’s will and which charged a large ‘termination fee’ when the family decided they wanted to appoint family members as executors.

Will writing companies frequently do not have indemnity insurance, so if mistakes are made, there is often no redress.

Says Teresa McCutcheon, 'The independent wills market is not regulated and stories of incompetence and worse are not at all uncommon. Solicitors are regulated by the Law Society, which ensures their work is done to a professional standard and which also requires that comprehensive indemnity insurance is carried for the protection of clients so that on those very rare occasions when mistakes are made, the client can obtain proper compensation. Having a will prepared by a solicitor is not expensive and will give you and your family peace of mind that the job has been done properly.'