The Probate Bureau Ltd has become one of the first firms to sign up to a new scheme with hard-hitting measures to clamp down on poor practices in the Will writing sector.

The scheme which is officially launched today comes hot on the heels of the recent Ministry of Justice’s decision not to formally regulate the provision of Will writing services, preferring instead self-regulatory schemes which could provide adequate protection and redress for people making their Will. It has been given the Government’s official backing by Consumer Minister Jo Swinson, who said it will boost consumer confidence and encourage economic growth.

The scheme covers a wide range of sectors, not just Will Writing, and is designed to give consumers greater confidence in the firms that they use who display the new TSI Approved Codes logo. Consumers will be able to look for the TSI Approved Code logo, or search a dedicated database at www.tradingstandards.gov.uk, for a firm in their area which complies with an approved code.

TSI Chief Executive Leon Livermore said “The Government recognises the importance of the new scheme, because any Will writing firm who says that they comply with the code of practice, but doesn’t, or falsely claims that they do comply will be committing a criminal offence for which they could face fines or imprisonment.”

Baroness Crawley of Edgbaston, who is the chair of the independent board that will evaluate the codes of practice which will be part of the scheme said: “Industry is well placed to understand the demands and expectations of their customers, but those consumers need the added confidence that industry codes have been verified as fit for purpose by an independent body.”

The Institute of Professional Willwriters Code of Practice contains hard-hitting measures to clamp down on poor practices in the Will writing sector which have typically been a problem for customers, such as; low levels of skills of advisers; poor quality of work; loss of money paid in advance; high pressure sales including failure to honour ‘cooling off’ cancellation rights and opaque options to complain and obtain redress when things do go wrong.

The Probate Bureau director David West said ‘For many years firms, as a condition of our membership of the IPW  we have been operating to high standards and we’re delighted to be early adopters of the new standard. It’s great news that consumers in the Hertfordshire and Essex area will now easily be able to spot a trusted Will writing service simply by looking out for new TSI Approved Codes logo, or by visiting the Trading Standards Institute website’.

Gillian Guy, Chief Executive of Citizens Advice said, “We deal with over a million consumer problems each year and know how difficult it is for people to find a seller they can trust, the Approved Codes Scheme will help to combat this”

It is surprising that one of the groups of people least likely to have an up to date Will are the parents of young children. In fact (according to a recent survey) a staggering 79% of those with children living at home do not have a Will at all!

Aside from the standard complications that can be cause by dying intestate, the absence of a Will when minor children are involved causes further problems as no guardians have been appointed to care for the children. Who then becomes responsible for their welfare?

One might assume that the surviving parent simply acquires responsibility for the child. However, things are not as simple as this. The reason being that the surviving parent would need to have ‘parental responsibility’ over the child for this to happen. This child’s mother would almost always have parental responsibility, but the fathers may or may not. We will not go into detail as to how this is determined but suffice to say that it depends on various factors including whether they are married to the mother and if they are named on the birth certificate.

Many people think that if they were to die, then grandparents, aunts or uncles could just step in and look after any children they leave. This is not the case. If no guardians have been appointed then the children would be placed into the care of social services, pending a decision on who receives permanent guardianship.

Currently, approximately 4 out of every 5 parents are running the risk of assuming that at least one parent will be alive at the time that their youngest child reaches the age of 18. No one likes to think about the possibility that this might not happen, but is it a harsh reality. In fact, every 22 minutes a child in the UK loses a parent.

One of the most responsible things a parent can do for their children is to write a Will appointing guardians to look after them. This is the only way of achieving peace of mind that, should you not be around, your children would be well looked after by people you trust.

The concept of freedom of disposition in a Will, familiar as it is in modern England and the United States, is by no means universal.  In fact, globally, complete freedom of disposition is the exception rather than the rule.

Most civil-law systems (such as France and Spain) put some restrictions on the disposal allowed under a Will, for example; making it compulsory for parents to leave a share of their estate to their children.

For this reason, it is particularly important for those UK domiciled testators who own property on the continent to seek legal advice and ensure that Wills are made in each country in which immoveable property is owned.

The European Union’s Council of Ministers are close to signing off a final version of a regulation setting out a common EU process for settling cross-border estates but it won’t apply in the United Kingdom. The agreed draft states that a person can choose the jurisdiction and succession law that will apply to his estate after his death. If he makes no election then the succession is determined by his habitual residence at the time of death.

Did you know that only about 30% of people in the UK leave a valid Will?

Many people either think it unnecessary or just never get round to doing it. However, it is the one document that every adult should have and where The Probate Burea can really help. In particular, if you have children aged under 18, are on your second marriage or have notable assets.

It is surprising how many affluential people die without accounting for the distribution of their estates. Below is a list of some well-known people who have died intestate:

• Fatty Arbuckle
• Sonny Bono
• Kurt Cobain
• James Dean
• Marvin Gaye
• Ulysses S. Grant
• Billie Holiday
• Buddy Holly
• Howard Hughes
• Martin Luther King, Jr.
• Bruce Lee
• Abraham Lincoln
• Karl Marx
• Pablo Picasso
• Anna Nicole Smith
• Barry White
• Stephen Gately