Clause 12
Legal Services Bill [Lords]
1:15 pm
Jonathan Djanogly (Shadow Solicitor General (Also Shadow Minister for Trade and Industry), Law Officers (Assist the Home Affairs Team); Huntingdon, Conservative)
I beg to move amendment No. 210,in clause 12, page 5, line 26, at end insert—‘(ea) preparation of wills’.
We have now moved on to part 3 of the Bill, which deals with reserved legal activities, as defined by the clause. The Opposition propose that the writing of wills should be included in the list of reserved legal activities that may only be carried on by authorised persons. The clause identifies six forms of legal activity that will be regulated as reserved legal activities: the exercise of a right of audience in the courts, the conduct of litigation, reserved instrument activities, probate activities, notarial activities and the administration of oaths.
This probing amendment is intended to prompt the consideration of whether will preparation should be added to that list, as recommended by the Joint Committee on the Draft Legal Services Bill, which said:
“We note that the offences in clause...12 will apply to a range of situations where consumers may need protection... We recommend that will-writing for fee, gain or reward should be included within the new regulatory framework. The draft Bill should be amended to provide for regulation subject to any exemptions necessary in the consumer interest.”
The Joint Committee noted that there is no existing regulatory framework for will writing or existing professional body with responsibility for will writing. Accordingly, there is a significant risk of consumer detriment from the activities of unregulated will writers. The Government identified a similar risk in relation to the claims management sector in the context of the Compensation Act 2006. In that case, they wanted
“A major change in quality and behaviour by claims management companies so that the service provided to consumers is significantly improved and consumers’ expectations are not falsely raised through potentially misleading advertising and other sales practices”.
Some bodies, including the Law Society, consider that the same changes and developments should occur in relation to will writing. In fairness, it is arguable that there are differences between writing wills, which relate to only one person, and complex litigation. For most people, an off-the-shelf, do-it-yourself will, purchased from a high street shop, would probably be perfectly adequate.
I should like the Minister to tell us whether the Government have conducted any research on the issue. In particular, would extra regulation be likely to reduce the number of people making wills? That is a key issue, because too many people currently do not make a will, and we should encourage, rather than discourage, will making. The Government have already made clear that they wish to increase consumer protection by bringing will writers into the scope of the regulatory framework.