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Justice written question – answered on 18th January 2011.

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Photo of Rosie Cooper Rosie Cooper Labour, West Lancashire

To ask the Secretary of State for Justice if he will assess the (a) drafting requirement and (b) parliamentary time required for the enactment of legislative provisions to regulate will writing.

Photo of Jonathan Djanogly Jonathan Djanogly The Parliamentary Under-Secretary of State for Justice

In order for will writing to become regulated, it is likely that primary legislation would be required. In order for will writing to become a reserved activity under the Legal Services Act 2007 (LSA), secondary legislation would be required.

Since the Legal Services Board (LSB) is currently investigating whether or not it would be in the interests of the legal consumer to regulate will writing, it will be more appropriate to await the outcome of that investigation before making an assessment of next steps. Although the activity itself is not regulated, under the LSA authorised persons that provide will writing services, like solicitors, are regulated by their approved regulator.

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