New Legal Services Board Report Highlights Probate and Will Writing Quality Issues

Oct. 8, 2012 - PRLog -- The Legal Services Board (LSB) has published its response to the consultation document on the Approaches to Quality which was carried out this summer.  Many elements of this response do have fairly wide reaching implications for firms who offer will writing and probate services.

The consultation document provided an extensive amount of information as it had solicited responses from a wide range of bodies across the legal community including; The Bar Council, City of London Law Society, Costs Lawyers Standards Board, Legal Services Consumer Panel, Legal Ombudsman, Legal Services Commission, and Solicitors Regulation Authority.

The board has since confirmed they will recommend to the Lord Chancellor that will-writing, probate and estate administration should only be carried out by regulated legal professionals to give greater protection to consumers.

Chair of the Consumer Panel, Elisabeth Davies said that this would ‘give much-needed peace of mind to consumers.  Our evidence has revealed poor standards of will-writing and sales practices that are leaving consumers seriously out of pocket.’
How fees are calculated:  http://www.iwc-ltd.co.uk/probate-forms__probate-fees.html

The response developed answers to 10 key consultation questions addressing the main issues of quality through 99 separate points. The LSB response was made as a direct reply to each of the sections of the report.

The 3 main themes which have been outlined in the response address a variety of clearly identified quality risks. In the first instance the response reflected on the 'provision and transparency of performance information' and highlighted how 'to allow a greater understanding of where issues in relation to quality exist'.

The second key element identified in the response was the development of segmentation of risks and improved assessment. The response asserted that this was to be achieved through enhanced evidence based analysis.

The final strand looked at how to manage the outcomes and how to improve quality standards by ensuring regulatory interventions were in place. It also highlighted the fact that this outcome focussed approach needed to be accomplished without hindering innovation.

Although the response does set out the success criteria for how the themes may be realised it did not go into fine detail on how the quality risks were to be addressed by the approved regulators. The LSB stated that their approach clearly indicated the importance of all stakeholders doing their part. Included in this group are those who come from the legal profession, consumers and regulators.

The document also highlighted the strong links between the Approaches to Quality report and the regulatory standards work. In cases where there were direct overlaps the work of the report was to be considered as part of the regulatory standards exercise.
In response to the first question on the consultation document which addressed a deficiency in quality of legal service the LSB did reflect on will writing in particular. The LSB response stated; "for example in relation to will-writing where research indicates significant quality problems." This clearly recognises the need for improvement on the issue of poorly written wills.

Read more about some of questionable practices that are used by unscrupulous probate firms:  http://iwc-ltd.co.uk/blog/the-sad-truth-about-probate-fees/

Read the full LSB report here: http://www.legalservicesboard.org.uk/news_publications/la...