Protecting Vulnerable People from Unregulated Will-writers
Dated: 12/01/2010
Vulnerable people with a learning disability are being left without a trust or adequate provision following their parents' death due to 'nightmare' Wills from unregulated Will-writers, the Law Society research has found.
Law Society research has found that badly drafted Wills can render the deceased's estate wholly or partially intestate, with poor tax planning, 'vanishing wills' and hidden charges, which can run to higher costs than the initial advertised price.
As many individuals with a learning disability are dependent on parents or carers into adulthood, the Law Society stresses it is of particular importance to have a legally binding Will that ensures adequate provisions are made.
Law Society president Robert Heslett said: "Solicitors know of many cases of people who have turned to them for help after being left with what can only be described as nightmare Wills by Will-writers. In many cases, the victims are not aware their Will-writer is not regulated nor insured, so there is no means of redress if things go wrong".
Aarti Gupta, an in-house Wills and Trusts solicitor at Mencap said: " We have seen several cases where badly drafted wills have had dire consequences for people with a learning disability, leaving them without adequate financial protection following a parent's death. Often when the terms of a Will do not include a Trust being set up for them, they end up inheriting sums of money outright, which in turn, may affect their eligibility to means-tested benefits and make them vulnerable to financial abuse from others."
Article by Ms P Wass - Chairperson of the Law Society Probate Section.