SRA backs plans to bring will-writing under legal services regulation
The Solicitors Regulation Authority (SRA) has backed calls by the Legal Services Board (LSB) to make will-writing and estate administration reserved legal activities, bringing them under the scope of legal services regulation, regardless of who provides them.
April 24, 2012 at 07:45 AM
3 minute read
The Solicitors Regulation Authority (SRA) has backed calls by the Legal Services Board (LSB) to make will-writing and estate administration reserved legal activities, bringing them under the scope of legal services regulation, regardless of who provides them.
The proposals, announced yesterday (23 April) after a review by the LSB, are intended to protect consumers from systemic problems with the current services offered by a range of providers, such as sloppiness, poor communication and unfair sales practices.
Adding will-writing and estate administration onto the list of reserved activities would mean that while a variety of different types of providers would continue to operate, they would all be regulated, with the LSB also proposing to improve regulation of those already regulated.
The list of reserved legal activities – those that only qualified lawyers, such as a solicitor or barrister can undertake – includes conveyancing, litigation, probate and advocacy. However, it does not include other common services such as will-writing, employment law or general legal advice.
If the LSB consultation is successful and the Lord Chancellor does add the activities to the reserved list, existing regulators would have to apply to take on the additional task.
LSB chairman David Edmonds (pictured) said: "The development of alternative business structures will encourage further competition and innovation in this market. Ultimately, people must be able to write a will with confidence, not fear. For that to be possible, everyone offering such services must deliver a baseline of consumer protection."
In light of the implementation of the Legal Services Act and increased competition in the market, in addition to its will-writing proposals, the LSB has also announced plans to examine other gaps in legal services regulation, starting with general legal advice for individual consumers, as well as looking at how and when non-commercial providers of reserved legal services should be regulated.
The LSB's plans come after research conducted by the SRA last year found that one in every four wills assessed failed – with some not meeting the needs and circumstances of the client and others not being legally valid.
The SRA, which helped put together research used by the LSB and responded to an LSB consultation on the subject, backed the LSB plans and has called for all legal activities to be regulated.
SRA chief executive Antony Townsend said: "The SRA is willing to undertake the regulation of currently unregulated will-writers, as well as solicitors firms, and to examine how standards of will writing can be improved and better regulated."
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