Unregulated will writers

Thousands of people are being ripped off by companies providing unregulated services such as will writing, claims the first Legal Ombudsman.

In his first report, Chief Ombudsman for England and Wales Adam Sampson said the most complaints he saw concerned conveyancing, family law and wills.

He called for action to be taken to ensure consumers were not left vulnerable by unregulated services.

Only a tiny fraction of legal services must be provided by a qualified lawyer.

Many others including will writing, divorce and employment can be done by unqualified and unregulated individuals and organisations.

"One service which crops up a lot is will writing. It's a service carried out often by will-writing firms who aren't regulated," said Mr Sampson.

"Because of this, customers are left with little means of redress when things go wrong.

"We've seen similar confusion about claims management companies, with lots of consumers believing they're getting a legal service even though most of the work is carried out by a non-authorised person. Again, we can't help."

'Unregulated cowboys'

The legal ombudsman was appointed in October 2010 and can only act on complaints from those using the services of qualified lawyers.

Consumer organisation Which? and the Law Society have backed the ombudsman and called for more protection for customers.

They said bundling legal services with financial services, including those offered via the internet, had posed serious dangers for consumer protection.

Which? executive director Richard Lloyd said: "As the legal-services market continues to grow in both size and complexity, it's crucial that consumers who have paid for a legal service that's not up to scratch know where to turn to get help.

"We want the government and regulators to wake up to the current lack of clarity and to provide a clear and straightforward route of redress for consumers.

"The arrival of a legal-services market in which consumers will, potentially, have complaints about hybrid services poses some serious questions about who they'll be able to turn to for help."

Des Hudson, chief executive of the Law Society for England and Wales, said: "The gap in regulation which allows unregulated cowboys to operate in areas like will writing does not just cause unfair competition to solicitors, who provide a regulated, professional service.

"It is also damaging to consumers because the unregulated providers are not insured, do not provide a compensation fund and are not covered by the Legal Ombudsman's scheme for consumer redress."

A spokeswoman for the Ministry of Justice said will writing was an important issue and that it welcomed the report.

She added the department will await the outcome of the Legal Service Board's ongoing work.

Publish date: 02/09/11 12:07
Source: www.bbc.co.uk

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5 Important reasons for making a Will in Dubai

• 1. Avoid your assets being distributed using the set method used under Sharia law. The Official Website for the Government of Dubai states that the UAE courts will adhere to Sharia Law where there is NO Will.
• 2. If your are parents of children living in Abu Dhabi, a Will can legally appoint Guardians to take care of your children if anything should happen to both parents. Without a Will to legally appoint Guardians to take care of your children, it is left to the Abu Dhabi Courts to decide.
• 3. A Will can reduce the time your loved ones have to wait for your assets to be distributed by giving the Abu Dhabi Courts clear instructions for the distribution of your estate. This can also minimise any financial hardship your family may incur.
• 4. Your Abu Dhabi bank accounts including joint bank accounts may remain frozen for longer whilst the banks wait for a Sharia Court Order to give them the authority to release funds to your family.
• 5. Reduce the legal cost of settling your estate with a legally recognised Will by reducing the overall time lawyers and advocates will spend in Court dealing with your case.

Publish date: 08/11/10 12:50
Source: EXPAT WILLS

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What happens if I do not have a Will in Dubai

• The Official Website for the Government of Dubai states that the UAE courts will adhere to Sharia Law where there is NO Will. As an Expat resident of Dubai the ONLY way to avoid your assets being distributed using the set method used under Sharia law is to have a legally recognised Will.
• The Abu Dhabi Courts will have to decide what happens to your children if both parents die. Without a Will to legally appoint Guardians to take care of your children, it is left to the Courts to decide.
• Your loved ones may have to wait longer for your Abu Dhabi assets to be distributed if you do not have a legally compliant Will. This can often cause financial hardship for the family you leave behind.
• Your Abu Dhabi bank accounts including joint bank accounts may remain frozen for longer whilst the banks wait for a Sharia Court Order to give them the authority to release funds.
• The legal cost of settling your estate in Abu Dhabi may be higher if no Will exists as lawyer and advocates will spend more time in Court dealing with your case.
• If you have a business in Abu Dhabi and your Memorandum and Articles of Association for the Company do not provide adequately for the death of a director, complications will arise.

Publish date: 08/11/10 12:46
Source: EXPAT WILLS

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Notarising your Will in Dubai

Wills to become easier for expats

Dubai Life is about to get simpler for expatriates who want to make a will.

Judge Jasem Baqer, the head of the preliminary court, has issued a decision that wills for non-Muslims can be attested by the Dubai Public Notary starting in October.

The one-stop procedure will replace the three steps necessary now.

Currently, documents must be attested at the expats embassy or consulate, then taken to the Ministry of Foreign Affairs and then to the Ministry of Justice in Dubai. Some private companies have been licensed to do the work in the Free Zones,

Abdullah Abdel Wahed al Ali, the administration manager at the Public Notary, said that under the new system, those who wish to attest their will must come in person or have someone with power of attorney attend on their behalf.

The person must declare his or her personal assets within the emirate or abroad, whether they be property or financial.

The will can generally cover all the persons assets or it can be specific to certain assets.

The estate of an expat who dies without a will is handled under Sharia law, with proportions of the property specified. Under the old system, it costs Dh1,500 to Dh2,000 including Arabic translation to attest wills. The fees for the new system are not yet known.

Expat Wills Note

For those Expats who wish to make a Will for their UAE ONLY assets local Notarization will make the process easier. However, it must be noted that a Will notarised & stamped by a UAE Notary Public may not be acceptable to your home country probate courts.

Publish date: 17/09/10 7:44
Source: The National

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Wills of non-Muslims can now be attested by a Notary Public

Decision is part of a drive to improve services offered to the public by the courts, explains Notary Public

Dubai: The Dubai Courts Notary Public Department will be available to attest the wills of non-Muslims from October 1.

The decision is part of a drive to improve services offered to the public by the courts, explained the Notary Public, Abdullah Abdul Wahid Al Ali, acting Director of the Notary Public Department.

He said the new ruling is in line with Notary Public laws and was introduced by Judge Jassem Baqer, Head of the Court of First Instance.

Al Ali pointed out that attesting the will does not necessarily mean it will be implemented, as each case is different and subject to the law. Before now, attestation of wills for non-Muslims could be done only at embassies and consulates, as well as some licensed offices in free zones. However, now the Notary Public is the government body assigned to do this service.

Applicants who wish to have their wills attested must provide proof of ownership of the assets mentioned in the will and should submit the application personally or through a representative who must hold power of attorney that specifically mentions the will.

The will may include movable funds, and property, located in or outside the country. It is also possible to cancel or amend the will.

Expat Wills Note

For Expats wish to make a Will for their UAE only assets this decission will make the process easier.

Publish date: 17/09/10 7:41
Source: Gulf News

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