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14 February 2008 / Paul Sharpe
Issue: 7308 / Categories: Features , Procedure & practice , Regulatory , Wills & Probate
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The ticking time bomb

Paul Sharpe bemoans the lack of regulation in willwriting

To regulate, or not to regulate, that is the question—or at least it should be. Willwriting is a huge responsibility, the level of accuracy and clarity of a will making the difference between a deceased person’s last wishes being enacted, or their loved ones being caught up in years of expensive legal wrangling.

Unfortunately, however, in a world where even the sale of a £10.99 travel insurance policy has to be regulated by the Financial Services Authority (FSA), a will, potentially dictating what happens to six figure sums of money, can be drawn up by anyone. If a consumer approaches the milkman, or the student who flunked all their exams and needs some fast cash, they will find someone able to draw up a will for them without any fear of the law hitting them hard. This is the sorry state of affairs existing in willwriting. Fundamentally, those professionals who wish to distance themselves from the incompetent, fraudulent and fly-by-night operators only have
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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