If you have dealt with a Will writer since 1st October 2008 and are unhappy with their charges or service.
If the Will writer has visited your home or place of work and did not give you written notice of your cancellation rights, you may be able to cancel the contract even if you have already paid their charges.
Under the Cancellation of Contracts made in a Consumer's Home or Place of Work etc. Regulations 2008, if you buy goods or services costing more than £35 as a result of a trader's visit to your home or place of work, the trader is required by law to provide you with a written copy of your cancellation rights explaining your rights to cancel the contract at the time the contract is made. This will then give you 7 days to cancel the contract starting the day the cancellation notice is received. Failure to do so may be a criminal offence and may make the agreement unenforceable. It does not matter whether the visit is one that you have requested yourself or whether it is unsolicited.
Langleys is happy to assist clients who have dealt with Will writers who have visited them in their homes and have not given them written notice of their right to cancel the contract.
If you don't know where your Will is.
If it was kept by the Will writing company it may be difficult to retrieve it, particularly if the company has not gone into administration but has simply disappeared. They may have had an arrangement with a separate Will storage company and you should have been given the details at the time. If you cannot locate your Will, it is best to have a new one written, ensuring it properly revokes the earlier one. Langleys will store your Will and other valuable documents, fully insured and free of charge in our strongroom.
If a friend or relative has had a will drafted by a Will writing company and has since died.
You have the right to apply to the Probate Registry for a copy of the Will and the Grant of Probate. It may be too late to do much but you may be able to satisfy yourself that the Beneficiaries actually received their gifts. As was made very clear by the Panorama programme some of the beneficiaries under Wills drafted by the featured Will writers did not receive their inheritances which were instead apparently pocketed by the Directors of that firm.
If a Will writer or Director of a Will writing company was named as Executor and/or Trustee in your Will.
You probably would not want them to be so now and so it is safer to have a new Will drafted choosing different Executors and Trustees. You can merely execute a Codicil to amend any aspect of a Will but it is probably safer to execute a new Will.
If you have a Lasting Power of Attorney.
Although the Panorama programme did not highlight abuse of Powers of Attorney, the very same concerns apply where Will writers have had themselves appointed as Attorneys. You should never ever appoint someone as your Attorney unless you are certain that you can completely trust them. If you are in any doubt you should immediately seek advice from a Solicitor. A Deed of Revocation (cancellation) should be produced to cancel the existing power of Attorney. A new Power of Attorney can then be drawn up for you.
If winding up the Estate has already started.
If winding up of an Estate has already commenced by an Executor who is no longer able to carry on the process because they have died, or are in prison for example, or are just unwilling to do so then you, as a Beneficiary in that Will, can apply to the court for a different Executor to carry on the task.
If you have concerns about your Will.
We are always happy to discuss your concerns about an existing Will and advise you appropriately. If in doubt, have a new Will prepared, which will revoke (cancel) the existing Will as soon as it is validly signed and witnessed . Peace of mind is important.