BensonWilliams have been members of The Institute of Professional Willwriters since 1996.
The IPW is the only organisation representing the Will writing sector which requires all of its members to pass an entrance examination to guarantee their competence to give advice and to write Wills. We are compliant with The IPW Code of Practice and as such can guarantee that all of our clients will be dealt with professionally, ethically, and competently. The IPW Code of Practice was approved by the Office of Fair Trading (OFT), [now the Trading Standards Institute (TSI)], under its Customer Codes Approval Scheme in April 2010. All work conducted by BensonWilliams meets with the requirements of the TSI. If you would like a free copy of The IPW Code of Practice please contact us, telephone us on 0808 1789172 or email us at email@example.com
Face to face consultations
Did you know that most Wills which are rejected by the Probate Registry are rejected due to errors in the execution of the Will (the signing of your Will by you in the presence of two valid witnesses) and not due to errors in the draft of the Will itself.
Also the contesting of Wills is often down to a failure of the firm drafting the Will to interpret the client’s intentions, assess the client’s capacity to actually make a Will, or to ensure third parties aren’t unduly influencing proceedings.
Appointments are conducted in the comfort of our clients’ homes, and at a time to suit our clients. If evening or weekend appointments are more convenient due to work or family commitments that is fine. We are also happy to meet our clients by appointment at our office in Pelsall, Walsall if they prefer, but a recent inspection of our database showed that 97% of the Wills we have drafted have been done in the comfort of our clients own homes.
Once our clients have met with us and given us their instructions we conduct a second face to face meeting to read over the documents to them, and to supervise the signing of them. No Wills are posted back to clients unsigned leaving them to work out what they mean and how to execute them. Remember this is where most Wills which are rejected are found to be invalid.
By doing things this way we ensure a number of vital issues have been handled correctly, all of which mean that our clients are being looked after in the best possible way:
We have reduced any risk of misinterpretation of our client’s wishes by meeting with them face to face.
We have ensured that the client is not being unduly influenced, or that any third parties are fraudulently involving them selves in the process of making the Will. On this point we are particularly strict in not allowing third parties to be present in the room whilst interviews are being conducted.
We can adequately assess the client’s capacity to make a Will (“testamentary capacity”). This can be more complex than you may think, and dates back to the case of Banks v Goodfellow in 1870. If there is any doubt we always use the “golden rule” of getting medical approval before starting.
All of this makes sure that when your Will is drafted there will be no mistakes and, equally importantly, no scope for people to challenge the Will on issues such as capacity, knowledge and approval, fraud, and undue influence from third parties.
Get in touch…