Over the past few years there has been plenty of talk about regulating will writing and estate administration. A kind of consensus has emerged that will writing should be regulated but that there was more doubt over estate administration. The actual application for probate is already regulated – it is the meat in the regulatory sandwich. It does not make a lot of sense because the scope for abuse is far greater in relation to the making of a will and the liquidation and distribution of a person’s assets. Ignoring the consensus, the Government decided that further regulation was unnecessary so the wills and probate market will continue to be attractive to the unscrupulous and predatory. Most people will be able to take care of themselves and take the necessary steps to ensure they seek competent advice in making a will and no doubt in due course their executors will arrange an efficient administration of their estate. But it is the less advantaged and the unfortunate who will suffer as a result of inadequate regulation.
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