CAESAR AND HOWIE WELCOME GOVERNMENT MOVES TO REGULATE

One of the most important documents anyone will sign in their life is their Will.  The purpose of a Will is legally to transfer a person’s property to other parties on death.  That means the Will itself is a document of fundamental legal effect.  It should be written in such a way as to comply with the mass of law surrounding the transfer of property and the validity of legal documents.  Despite that, in Scotland Will writing is not regulated at all – anyone can call themselves a Will Writer and many people do operate as Will Writers who have no legal training.  The Scottish Government has now announced that it intends to close this loophole and put in place a regulatory framework under which Will Writers will have to operate. Caesar and Howie welcome this move.  Senior Partner Ivor Klayman comments: “This proposal is important and in my view cannot come quickly enough.  I’m sure there are capable non – solicitor Will Writers out there but that is not the point.  How can clients be sure that a Will Writer has the necessary legal expertise to write a Will validly and safely?  Only regulation can give some comfort here and I am all for that.” Sarah Patrick, Executry Partner at Caesar and Howie agrees.  “I’m afraid I have seen some not great work done and high fees charged by non – professional Will Writers – even if this is not the story across the board.  But, I have had a long and arduous legal training – as do all lawyers – and I think that it is necessary to have this background to prepare Wills safely.”