23 April 2012
Statement by IPS Chief Executive, Ian Watson, on the regulation
of will writing and administration services:
“ILEX Professional Standards (IPS) and The Chartered Institute
of Legal Executives (CILEx) welcome the clear decision by the LSB
to start the process for making will writing and probate and
administration services reserved activities. We recognise this is
the best available way to resolve anomalies created by the present
limited scope of regulation in this area and are already preparing
applications for probate rights. These would introduce voluntary
regulation of will writing and administration of estates for CILEx
members providing those services.
"IPS already assures the competence of Chartered Legal
Executives and other CILEx members providing wills, probate and
administration services through the CILEx qualifications , however
CILEx and IPS agree with the LSB conclusion that voluntary
regulation cannot address consistently the risks which consumers
face when they buy will writing, probate or estate administration
services.
"The risks around will writing require preventative measures
because failings at this stage may not come to light in the
client’s life-time; and the risk of loss and distress to
beneficiaries through the administration process can be as serious
as in other legal work which is protected by reservation.
"The CILEx approach to regulation of these services will be
outcomes focused and risk based. Its regulatory model will not be
limited to those of its members currently providing these services,
but will enable the current variety of service provision to
continue, where the providers are able to demonstrate they have
appropriate arrangements in place to deliver competent and ethical
service to their customers.
"We look forward to working with the LSB as they develop their
proposals and we develop our applications, to ensure we will be
ready and able to provide proportionate and targeted regulation of
providers when reservation is introduced.”
ENDS