Experts in Confirmation in Scotland and Probate in England have warned that the growing popularity of online Will writing could lead to a surge in contested Executry cases.
An analysis by a research and consultancy firm of 26 online Will writers have found that clients are often mistaken as to whether their affairs are “simple” or “complex” and that the company’s themselves offer very little liability for something going wrong. These concerns have been echoed by Michael Culver, the Chairman of Solicitors for the Elderly, who has said “it is shocking that whilst solicitors are required to have professional indemnity insurance covering claims as high as £2,000,000 or £3,000,000 (and many firms go for an optional additional cover that can take this as high as £10,000,000 per claim), other professionals offering Wills limit their liability to the cost of the Will”. Our experts in our Private Client Department can offer advice on all aspects of Will making and indeed have had recent experience of having to try and rectify issues which have arisen where clients have either prepared Wills themselves or consulted an online provider, who is not regulated by the Law Society of Scotland.
Do get in touch with us if we can assist in any aspect of this.