Beware: The Rise of Scam Wills and Unscrupulous Will Writers in the UK

In an ideal world, planning for the future and ensuring your loved ones are provided for after your passing would be a straightforward and secure process. However, in the UK, a growing concern is emerging around scam wills and the proliferation of unscrupulous will writers who prey on the vulnerability, leaving families in distress and estates in disarray.

The very notion of a “scam will” might seem contradictory. A will is a legal document, meticulously drafted to reflect a person’s final wishes. Yet, sophisticated fraudsters and unethical practitioners are finding ways to manipulate this crucial process, leading to significant financial and emotional fallout for victims.

How Do Scam Wills Manifest?

Scam wills can take several forms, often exploiting loopholes, a lack of public understanding about the law, or the trust people place in seemingly professional services.

Forged or Fabricated Wills: In the worst cases, individuals might discover a will purporting to be from a deceased relative that is entirely fraudulent. This could involve forged signatures, altered clauses, or even a completely fabricated document designed to divert assets to an unintended beneficiary – often the scammer themselves. This can be incredibly difficult to prove, requiring extensive forensic analysis and legal battles.

Recently two sisters, Nicole and Lisa, discovered that their late aunt Christine had supposedly made a new will they had never seen. This forged document named an unknown individual, Tamas Szvercsok, as the sole heir, despite no apparent connection between them. Probate had already been granted without the family’s knowledge. Once probate is granted on a fraudulent will, the criminals often act quickly in a process known as rapid asset stripping to sell properties or access bank accounts, leaving the legitimate heirs or the state with little recourse.

Undue Influence and Coercion: While not strictly a “scam” in the sense of outright fraud, undue influence is a significant factor in many contested wills. Vulnerable individuals, particularly the elderly or those with diminished mental capacity, can be pressured, manipulated, or even threatened into making a will that does not reflect their true wishes, often benefiting a caregiver, a new acquaintance, or even a professional who has gained their trust.

“Mirror Wills” Scams: Some unethical will writers have been known to exploit the concept of mirror wills (where two people, often a married couple, make almost identical wills). The scammer might include hidden clauses or subtle differences in one of the wills that only become apparent after a death, benefiting themselves or a third party without the couple’s full understanding.

Failure to Distribute According to Will: Executors may fail to notify beneficiaries, underpay them by omitting assets or falsifying liabilities, or directly steal estate assets.

The Dangers of Unregulated Will Writers

A significant part of the problem lies with the largely unregulated nature of the will writing industry in the UK. Unlike solicitors, who are highly regulated by the Solicitors Regulation Authority (SRA) and are required to hold professional indemnity insurance, or in the case of Hine Solicitors additional Law Society accreditation from the Wills and Inheritance Quality Scheme (WIQS). Anyone can set themselves up as a “will writer” without formal qualifications, training, or regulation.

This lack of regulation creates a fertile ground for scam artists and incompetent practitioners. These “will writers” may:

Lack Essential Legal Knowledge: They may not understand complex areas of law, such as inheritance tax, trusts, or property law, leading to poorly drafted wills that are invalid, open to challenge, or fail to achieve the testator’s objectives.

Provide Inadequate Advice: They might offer generic advice without properly assessing an individual’s unique circumstances, leading to omissions or errors that can have severe consequences for beneficiaries.

Charge Exorbitant Fees: While some may offer seemingly cheap services, they can then add on hidden costs or recommend unnecessary additional services, inflating the overall price.

Engage in High-Pressure Sales Tactics: Some employ aggressive sales techniques, pressuring individuals into making quick decisions without allowing them time to consider their options or seek independent legal advice.

Misappropriate Funds or Information: In the worst cases, unscrupulous will writers might exploit the personal and financial information they gather, leading to identity theft or direct financial fraud.

Disappear Without a Trace: Once a will is drafted and paid for, some rogue operators may simply disappear, leaving clients with no recourse if issues arise or the will needs to be amended.

Red Flags and How to Protect Yourself

Protecting yourself and your loved ones from scam wills and unscrupulous will writers requires vigilance and informed decision-making. Here are some key red flags and preventative measures:

Unsolicited Approaches: Be wary of unexpected calls, emails, or doorstep visits offering will writing services, especially if they claim to be part of a “limited time offer” or a “special scheme” or social media advertisements with unknown provenance.

Extremely Low Prices: While competitive pricing is good, suspiciously low prices could indicate a lack of quality, hidden fees, or a scam.

High-Pressure Sales: Legitimate professionals will give you time to consider your options and will not pressure you into signing anything immediately.

Lack of Clear Information: Reputable will writers will provide clear information about their qualifications, fees, and the services included. Be wary if they are vague or evasive.

Are they accredited : Ideally use a practice holding WIQS (The Wills and Inheritance Quality Scheme) accreditation which is the Law Society’s quality standard for wills, probate and estate administration practices.

Cash Only Payments: Be very suspicious of anyone demanding cash payments without a proper invoice or receipt.

Refusal to Involve Family/Trusted Advisors: If a will writer discourages you from discussing your will with family or seeking independent legal advice, this is a major red flag.

The Solution: Seek Regulated and Reputable Advice

The most effective way to safeguard against scam wills and untrustworthy will writers is to seek advice from regulated professionals.

Solicitors: By far the safest option. Solicitors are highly regulated by the Solicitors Regulation Authority (SRA) and are required to carry professional indemnity insurance. This means you have a clear complaints procedure and financial protection if something goes wrong. They have extensive legal training and are equipped to handle complex estates.

Chartered Legal Executives: Regulated by CILEx Regulation, Chartered Legal Executives are also highly qualified legal professionals who can draft wills.

Professional Will Writers (with caution): If you choose to use a professional will writer who is not a solicitor, ensure they are a member of a reputable professional body (like the Society of Will Writers or the Institute of Professional Willwriters) and always verify their credentials and check for reviews. However, remember they do not have the same level of statutory regulation as solicitors and often lower insurance requirements than solicitors.

 

In conclusion, while the idea of a scam will is unsettling, understanding the risks and knowing how to identify unscrupulous practices can protect your legacy and your loved ones from potential heartache and financial loss. Always prioritise regulated, professional advice when it comes to planning your will. 

Hine Solicitors are an accredited member of the Wills and Inheritance Quality Scheme (WIQS) a best practice quality mark for wills and estate administration advice. 

Written by; Hugo Taylor, Wills and Probate solicitor at Hine Solicitors – Oxford. Hugo holds Advanced STEP Certificates in the Preparation of Wills and also the Administration of Estates (the gold standard qualifications for Wills and Probate Practitioners). 

We provide advice on a face to face basis, remote or if appropriate home visit. Call any of our offices to speak to one of our Wills and Probate team.