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14 February 2008 / Paul Sharpe
Issue: 7308 / Categories: Features , Procedure & practice , Regulatory , Wills & Probate
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The ticking time bomb

Paul Sharpe bemoans the lack of regulation in willwriting

To regulate, or not to regulate, that is the question—or at least it should be. Willwriting is a huge responsibility, the level of accuracy and clarity of a will making the difference between a deceased person’s last wishes being enacted, or their loved ones being caught up in years of expensive legal wrangling.

Unfortunately, however, in a world where even the sale of a £10.99 travel insurance policy has to be regulated by the Financial Services Authority (FSA), a will, potentially dictating what happens to six figure sums of money, can be drawn up by anyone. If a consumer approaches the milkman, or the student who flunked all their exams and needs some fast cash, they will find someone able to draw up a will for them without any fear of the law hitting them hard. This is the sorry state of affairs existing in willwriting. Fundamentally, those professionals who wish to distance themselves from the incompetent, fraudulent and fly-by-night operators only have one choice—to become members of the Institute of Professional Willwriters
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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